Misunder stood divorce papers

[cptdav]

Mississippi

My 23 year old daughter just got a divorce that she totally misunderstood. She was in a state of confusion and distraught about the divorce and a pregnancy. First, she thought the attorney was representing both of them. She even paid for half the fee. She did sign all the paper work but did not get a copy of such. She gave up her home and custody of their only child. The paper work was recorded at the court house this past Wednesday, (Dec 2). Is there any way to undo this? She realizes now that she made a mistake. Any help will be appreciated.

JD

 

[bulldogg70]

Wow, what made her believe that the other party's attorney was representing her? How the hell did she give up custody by a stroke of a pin? The house, what was going on? I apologize but I think more information needs to be presented, all I can say now is that she has a limited amount of things she can do in regards to the property. There are other option in regards to child custody and visitation but I just do not understand how she gave custody up without knowing!!!

 

[LdiJ]

Mississippi

My 23 year old daughter just got a divorce that she totally misunderstood. She was in a state of confusion and distraught about the divorce and a pregnancy. First, she thought the attorney was representing both of them. She even paid for half the fee. She did sign all the paper work but did not get a copy of such. She gave up her home and custody of their only child. The paper work was recorded at the court house this past Wednesday, (Dec 2). Is there any way to undo this? She realizes now that she made a mistake. Any help will be appreciated.

JD

She needs to consult an attorney of her own immediately....like yesterday.
It may not be too late to undo things...but she cannot delay at all.

 

[AHA]

If "I didn't know/realise what was going on and what I signed" was a valid excuse, then not many people would have such legal problems. Having a lawyer and actually reading the papers you sign is your own responsibility, you can't blame ignorance or confusion for your actions. That would make life waaaaay too easy.

 

[LdiJ]

If "I didn't know/realise what was going on and what I signed" was a valid excuse, then not many people would have such legal problems. Having a lawyer and actually reading the papers you sign is your own responsibility, you can't blame ignorance or confusion for your actions. That would make life waaaaay too easy.

Not in this case. This attorney committed a big NO-NO because he allowed her to believe (by omission if nothing else) that he was representing BOTH of them. He accepted her money and DID NOT thoroughly explain what she was signing.

Yes, she was totally wrong not to thoroughly read the paperwork before signing it, but its also being said that she wasn't in her right mind when this occurred.

It may not be too late to change things...she needs to consult an attorney ASAP.

 

[nextwife]

I have to ask this, because I've been involved in legal situations in which something was thoroughy explained, yet the person on the recieving end somehow failed to have any memory of recieving the explaination: is there any chance your daughter may have been under the influence of any substance during this time that may have affected her recall of events? I don't automatically accept when someone says "Nobody told me..." that that is always the case, because I have seen with my own eyes people swear up and down that this or that was never explained, yet I was sitting right next to the person who explained it at the time they explained it.

If the attorney was smart, he may have had her sign a statement that disclaimed they had any attorney/client relationship. If he didn't, it will then be her word against his, unless an associate or assistant was in the room.

 

[cptdav]

My daughter was not under the influence of any mine altering substance, however she was under duress from a concealed pregnancy and a cheating husband. The attorney did accept a check from her for half of the fee. I think this was at least unethical and maybe unlawful to do this while only representing the husband. We are seeing an attorney first thing Monday to see what can be done. Oh, this was all done without either of her parents knowing about it and without our advice. And wouldn't you know it, the attorney has ties with the husbands family. She is a very trusting girl.

JD

 

[stephenk]

your daughter didn't know she was pregnant?

 

[cptdav]

Sure, she knew she was pregnant. Nobody else knew. She thought that if her husband knew, he would feel trapped into staying in the marriage. She had a "still born" delivery in July, after the visit to the attorney in June. She made many mistakes that could have been avoided if she would have confided in her parents. Monday we will be taking steps to correct her situation if possible. I came on here to get some suggestions and maybe some ray of hope that this can be corrected.

JD

 

[nextwife]

Isn't there a requirement that the divorce not be completed until a pregnancy is completed? How did they work around that? Sounds like she was also not totally honest during these proceedings.

It is presumed that if one is old enough to be married and make babies, one is old enough to divorce without involving their parents.

 

[kat1963]

So let me get this straight. You daughter perpetrates a fraud against the court but wants the courts to change the divorce order? You might want to read up on the *clean hands doctrine* not to mention this will likely bring her emotional stability into question. In addition the lawyer isn’t stupid, as next said he most likely had her sign a stipulation to be represented. I did when my ex & I divorced several years ago. Nothing unethical about it. She is an adult, she read it, and she signed it. If this is all there is, good luck, you daughter is going to need it and many thousands of dollars.
KAT

 

[cptdav]

We took the advice from this forum and got legal advice. The attorney took the divorce papers before a judge and he voided the eitire divorce. Seems the wording in the decree was so bungled that it was not enforceable. The judge that initially signed the document has recently retired because of dementia. I never thought there was a chance of reversal, but one never knows.
Thanks to those that responded positively.

JD

 

[LdiJ]

We took the advice from this forum and got legal advice. The attorney took the divorce papers before a judge and he voided the eitire divorce. Seems the wording in the decree was so bungled that it was not enforceable. The judge that initially signed the document has recently retired because of dementia. I never thought there was a chance of reversal, but one never knows.
Thanks to those that responded positively.

JD

I am glad that things worked out. Now make sure you keep the attorney so that things can be done properly this time. Also, don't worry about the pregnancy. Since she lost the baby its no longer relevant. I am sorry for her loss.