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Old 09-09-2001, 02:14 AM
benzes42
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reopen my divorce due to mental illness


:coo

l: from salem, oregon. if i was not mentally sound during my divorce and could not respond due to mental depression, can i now that i am mentally sound re-open my divorce.

we were married 23 years i was the primary bread winner in the family. and because i could not help myself mentally, my spouse got everything and left me a house that was foreclosed approx 1 year later, i have no money and cant work as of yet.

i have doctors documentation about my mental ability.

thank you
  #2  
Old 09-09-2001, 02:40 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: reopen my divorce due to mental illness


Quote:
Originally posted by benzes42
:coo

l: from salem, oregon. if i was not mentally sound during my divorce and could not respond due to mental depression, can i now that i am mentally sound re-open my divorce.

we were married 23 years i was the primary bread winner in the family. and because i could not help myself mentally, my spouse got everything and left me a house that was foreclosed approx 1 year later, i have no money and cant work as of yet.

i have doctors documentation about my mental ability.

thank you
My response:

There is a "slight" possibility that you could have the judgment reversed (or set aside) due to mental infirmity. However, it would be an uphill battle to prove, at the time of litigation, that you did not have the mental capability to prosecute or defend the action, or assist your attorney in the matter. It would also be difficult for this to occur if you failed to mention the problem "on the record".

But, who knows, with a consultation from an attorney in your area, and with a complete understanding of your entire situation, there's always a possibility. If you don't try, you'll never know.

Good luck to you.

IAAL
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