What is the name of your state (only U.S. law)? California
I was divorced 7 years ago.
I know that I may have a problem because my case is 7 years old, but I also think there could be a loophole somewhere. Unfortunately, I had spoken with an attorney BEFORE my statute of limitations for signing an agreement while mentally incapacitated ran out, and he discouraged me from pressing a case against my exhusband at the time. Since my divorce, I've been struggling to get back on my feet and it's been hard to take the time to research whether or not i have any recourse against my exhusband.
Back in 2004, I was mentally incapacitated (psychotic break) and put into a mental hospital. When I came out, my exhusband had me sign a separation agreement. He told me it was to "protect our assets", since I was not in a good mental state. He did NOT provide me any income documentation, but merely a standard form he drafted himself, representing himself (in pro per), where he wrote out all of the assets that would go to him, and the ones that went to me. I did not have an attorney. I didn't think I needed one, as my exhusband said this agreement would NOT lead to divorce, and that once I got back on my feet, we could rescind it.
I was under the influence of psychiatric drugs at the time (drugs that eventually landed me in the hospital with a drug reaction) and in a bad mental state. I signed it, thinking I was protecting our assets and saving our marriage. Indeed, after the agreement was signed, we tried to work on our marriage.
The psych drug I was taking, ended up putting me in the hospital for TWO WEEKS, with a drug reaction, a year later. When I came out of the hospital, after nearly DYING, my exhusband served me with divorce papers.
My family at the time, told me the agreement I had signed was unfair and I should contest it, but I was too weak. I did realize it was an unfair agreement, however..my exhusband runs a VERY profitable business that I was entitled to a community property interest in (probably half of he growth, which was exceptional during our marriage, ESPECIALLY since I helped him work on it.)
I was still physically weak and sick, though, and was living with my brother in Virginia at the time. It would have been hard to press a case against my ex to get the agreement set aside, all the way from the east coast. I DID however, talk to an attorney by phone who discouraged me from contesting the agreement, because he said it would be too hard to prove mental incapacity.
I have struggled to get back on my feet after all that. From time to time, I've done research into still pursuing a case against my exhusband. A few years ago, I even sent an L.A. attorney all my documents. He said it's clear my exhusband was negligent in not providing certain income documentation, but then he just stopped replying to my emails.
I think every lawyer I speak to, thinks I waited too long, but I feel like there HAS to be some recourse for me. Perhaps if it's considered more of a contract case? Or if there is a breach of fiduciary trust claim? Can someone help?
The last few years of our marriage, I was completely unaware of my ex's income. He used to take care of filing our taxes and all that. And my ex never gave me the required forms showing his income, when I signed the settlement agreement.
I was divorced 7 years ago.
I know that I may have a problem because my case is 7 years old, but I also think there could be a loophole somewhere. Unfortunately, I had spoken with an attorney BEFORE my statute of limitations for signing an agreement while mentally incapacitated ran out, and he discouraged me from pressing a case against my exhusband at the time. Since my divorce, I've been struggling to get back on my feet and it's been hard to take the time to research whether or not i have any recourse against my exhusband.
Back in 2004, I was mentally incapacitated (psychotic break) and put into a mental hospital. When I came out, my exhusband had me sign a separation agreement. He told me it was to "protect our assets", since I was not in a good mental state. He did NOT provide me any income documentation, but merely a standard form he drafted himself, representing himself (in pro per), where he wrote out all of the assets that would go to him, and the ones that went to me. I did not have an attorney. I didn't think I needed one, as my exhusband said this agreement would NOT lead to divorce, and that once I got back on my feet, we could rescind it.
I was under the influence of psychiatric drugs at the time (drugs that eventually landed me in the hospital with a drug reaction) and in a bad mental state. I signed it, thinking I was protecting our assets and saving our marriage. Indeed, after the agreement was signed, we tried to work on our marriage.
The psych drug I was taking, ended up putting me in the hospital for TWO WEEKS, with a drug reaction, a year later. When I came out of the hospital, after nearly DYING, my exhusband served me with divorce papers.
My family at the time, told me the agreement I had signed was unfair and I should contest it, but I was too weak. I did realize it was an unfair agreement, however..my exhusband runs a VERY profitable business that I was entitled to a community property interest in (probably half of he growth, which was exceptional during our marriage, ESPECIALLY since I helped him work on it.)
I was still physically weak and sick, though, and was living with my brother in Virginia at the time. It would have been hard to press a case against my ex to get the agreement set aside, all the way from the east coast. I DID however, talk to an attorney by phone who discouraged me from contesting the agreement, because he said it would be too hard to prove mental incapacity.
I have struggled to get back on my feet after all that. From time to time, I've done research into still pursuing a case against my exhusband. A few years ago, I even sent an L.A. attorney all my documents. He said it's clear my exhusband was negligent in not providing certain income documentation, but then he just stopped replying to my emails.
I think every lawyer I speak to, thinks I waited too long, but I feel like there HAS to be some recourse for me. Perhaps if it's considered more of a contract case? Or if there is a breach of fiduciary trust claim? Can someone help?
The last few years of our marriage, I was completely unaware of my ex's income. He used to take care of filing our taxes and all that. And my ex never gave me the required forms showing his income, when I signed the settlement agreement.
