Need Help

What is the name of your state? Tennessee

I have a pending divorce action (in the state of Georgia) going back to August of last year. Even though I agreed to a settlement, I did so 6 weeks after heart by-pass surgery, subsequent pnemonia, and 3 days after the death of my mother. I continue to suffer from health problems, and want to know if I can request a new trial based on the tremendous physical and emotional stress I was under at the time I agreed to the terms. I have yet to sign the divorce papers and am no longer under representasion from an attorney, and have reloctaed to Tennessee.

You had a trial? And now you want another one? With all your health problems it will be the death of you.
Just give the lady her divorce and get on with your life.

Can't

vrzirn said:

You had a trial? And now you want another one? With all your health problems it will be the death of you.
Just give the lady her divorce and get on with your life.

Click to expand...

I would except she got 60% of my net income, 50% of my 401K and other financial considerations that I can't live with.

You may be out of luck, unless you can show that you signed the agreement under duress. Even if you can prove that, you may find that you won't end up any better off - depending on how the numbers run.

Never Signed

momma_tiger said:

You may be out of luck, unless you can show that you signed the agreement under duress. Even if you can prove that, you may find that you won't end up any better off - depending on how the numbers run.

Click to expand...

I have never signed the divorce papers, so neither has the judge. I believe with the medical infomration I have from my physicans that indicate I probably will not be able to work another 5 years, that I have to come out better than I did.

Actually, I believe a judge can sign the divorce papers w/o your signing them. You really should at least consult with an attorney to find out what your options are - many will provide a free or low-cost consultation.

momma_tiger said:

Actually, I believe a judge can sign the divorce papers w/o your signing them. You really should at least consult with an attorney to find out what your options are - many will provide a free or low-cost consultation.

Click to expand...

I do know for a fact that he has not signed them to date. I am trying to seek legal advice now. My doctors told me not to rush to a new trail just yet because my heart doesn't need the added stress at this time. I also have relocated out of state which complicates things a little.

The other thing that occurs to me is that the financials really do depend on what they're for. For example, if the money coming out of your income is a portion of a property settlement (for example, if you retained ownership of marital property and have to pay her half the value), you may not have a lot of options. Pensions are usually split 50/50, especially in longer term marriages. There are a lot of factors that could be involved, which may or may not affect the outcome.

momma_tiger said:

The other thing that occurs to me is that the financials really do depend on what they're for. For example, if the money coming out of your income is a portion of a property settlement (for example, if you retained ownership of marital property and have to pay her half the value), you may not have a lot of options. Pensions are usually split 50/50, especially in longer term marriages. There are a lot of factors that could be involved, which may or may not affect the outcome.

Click to expand...

My company bought our house in 2001 when I was relocated, and we split the equity right down the middle. We also split our checking/savings accounts at that time prior to the divorce. I since bought a house in Ga. with my proceeds, but cannot clear the title because of the open divorce. She banked her proceeds rather than purchase another home. She kept all the furniture, her car, and all our personal items (pictures, etc.) Are you in the legal profession????

You agreed and the bell has rung. Whatever she got she probably deserved (earned). You are not going to get back any of the personal items you are whining about. Even if she sends some back to you the shipping will be more than they are worth. Buying the house before the dust settled was impetuous and not a good decision.
The financial and health tolls will be enormous if you attempt to reverse the agreement. See an attorney and pay for this same advice.
(My ex attempted to overturn in Appellate court and wound up in the grave-with nothing).

vrzirn said:

You agreed and the bell has rung. Whatever she got she probably deserved (earned). You are not going to get back any of the personal items you are whining about. Even if she sends some back to you the shipping will be more than they are worth. Buying the house before the dust settled was impetuous and not a good decision.
The financial and health tolls will be enormous if you attempt to reverse the agreement. See an attorney and pay for this same advice.
(My ex attempted to overturn in Appellate court and wound up in the grave-with nothing).

Click to expand...

Appreciate the feedback, but a few points:

a. Did not think I was "whining" about anything, but stating facts
b. Bell is only rung when it is signed by all parties. To date, none have signed(including her)
c. Judge did not decide what she would receive. There was no trial, so all facts and financial documentation was never "discovered". I agreed in order to end it swiftly. But as stated above. It is not ended, and someone who had just undergone a 5 by-pass operation, discharged and readmitted 1 week later with pneumonia, then the loss of their only parent is not always making "sane" decisions.
d. It does not need to be overturned, because it is not on the books as a divorce yet.

You said, "request a new trial". That is a definite implication that there had already been one and now you want a new one.
In fact, you said "new trail (sic)"-trial, in still another post.
Go see an attorney and try to get your facts straight first.

vrzirn said:

You said, "request a new trial". That is a definite implication that there had already been one and now you want a new one.
In fact, you said "new trail (sic)"-trial, in still another post.
Go see an attorney and try to get your facts straight first.

Click to expand...

I figure you are either a woman posing as a man who is bitter, or if you are a man, I can see why your ex wife is in a grave. Poor woman must have suffered bitterly with you.

How odd, the same thoughts about your wife were in my mind. Now you have a chance to drive your attorney crazy.

vrzirn said:

How odd, the same thoughts about your wife were in my mind. Now you have a chance to drive your attorney crazy.

Click to expand...

Well, obviously I can't use yours as he/she is already in the state mental institution because of you. You can loosen up a bit if you did not wear such tight skirts. May I suggest casual slacks