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Competency Hearing

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Junior Member
What is the name of your state? NH

My wife's lawyer has come up with a new way to keep us from moving our divorce from court to mediation. She's told my wife that I may be mentally incompetent and that I could, therefore, later repudiate any agreement we reach in mediation.

I am currently being treated as an outpatient for anxiety and depression. While this limits the amount of time I can work (or participate in legal proceedings, etc) to a few hours at a stretch, it certainly doesn't affect my ability to know where I am, what I am doing, what is mine, etc.

The judge has schedules a hearing for later this week to consider whether a competency hearing is required. My wife's lawyer has told the court that my wife can not afford to depose my shrinks. My docs have offered to write a brief report to the court confirming my competency and capacity.

Any advice on how I should play this? If the judge determines that something has to be done to settle this question, should I offer the report of my docs or should I let the court appoint a shrink to examine me?

Can I legally challenge a court ordered assessment? If so, how?

I am pro se in the case.

Many thanks.:confused:

David
 



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