Family Law Blog

Divorce Settlement Unfair To Women Judge Rules

By Denver Divorce Lawyer on August 18, 2009

The website divorcecentral.com reported in a story that a Nassau judge threw out a couple’s divorce settlement, an extremely rare move, even after both sides had signed off on it. Anna Infante, the woman involved in this divorce had at first agreed last year to pay $200,000 of the $214,000 of the outstanding mortgage but Judge Hope Zimmerman felt she was in danger of losing the house to foreclosure. Anna also gave up any claim to her husband Rafaelle Infante’s pizza business. She was also only awarded $1,000 a month in child support to raise her three children whose ages are 15, 12, and 11.

Anna got a new lawyer and told them she had been physically abused by her husband for several years and her only concern was to get out of the marriage, agreeing to any terms in order to be free from him. The husband, Rafaelle, said he never abused his wife.

Dominic Barbara, Anna’s new lawyer stated that it is very rare to have a judge vacate a divorce agreement after both sides had signed off on it.

Barbara said, “This is a major victory for women who have been cheated in separation agreements.”

Anna was born in Argentina and stated that her English was poor, and that she did not fully comprehend what she was signing.

Judge Zimmerman said that after review, the family’s monthly expenses totaled $5,548. Zimmerman ordered Rafaelle Infante to start paying his wife $2,700 a month at once while the two parties figure out new more equitable agreement.

James P. Joseph, divorce attorney, also agreed with Barabara, that Zimmerman’s decision was truly rare but not unheard of.

Joseph said, “This is exactly the type of situation where courts can and should be proactive in protecting parties.”

Unfortunately in this day and age a majority of married couples are getting divorced. According to the 2000 U.S. Census almost 10% of people age fifteen and over were divorced in the United States.

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