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Want to overturn divorce

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for_deb

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To make a long story short: My husband was diagnosed Paranoid Schizophrenic and had many altercations with the Police. He obtained a divorce in 1984 and died in 1989 by jumping from the roof of his mother's apartment building. I have always wanted to have the divorce overturned because of his mental illness but have never been able to. Is there anyway to get this overturned? It would mean a great deal to me and my children.
I almost forgot, he was in New York and I was in South Carolina at the time of the divorce.
 
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I AM ALWAYS LIABLE

Senior Member
for_deb said:
To make a long story short: My husband was diagnosed Paranoid Schizophrenic and had many altercations with the Police. He obtained a divorce in 1984 and died in 1989 by jumping from the roof of his mother's apartment building. I have always wanted to have the divorce overturned because of his mental illness but have never been able to. Is there anyway to get this overturned? It would mean a great deal to me and my children.
I almost forgot, he was in New York and I was in South Carolina at the time of the divorce.
My response:

Once a decree of dissolution (divorce) has been signed by the judge, and entered into the record, the court has no more jurisdiction over the matter; e.g., it cannot be "overturned" unless there was fraud involved. However, after so many years, there is nothing that can be done.

The divorce does not affect the children in any manner; e.g., the children of the marriage are still entitled to his Estate, among other rights.

The divorce, however, does affect your rights to his Estate; i.e., you're not entitled to his Estate, or any other rights received as a result of the relationship.

IAAL
 

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