Divorce signed while mentally incapacitated

[KD74]

What is the name of your state (only U.S. law)? Oregon

My Ex had the papers drawn up by an attorney friend and I recently signed divorce papers, a few months ago. A few weeks prior to signing, I had a mental breakdown and was unable to function in any fashion at all, lost my job and pretty much everything else. She was aware of the severity of my situation and took me to the ER to try to get help for me. A week or so later, she was taking me to get checked into an inpatient Psych ward at a local hospital. On the way to the hospital, she stopped by a local bank for a notary and had me sign the papers. I had not read them at all before signing and she did not give me a copy of them until months later.

Is there any possible grounds I may have to rule those papers invalid and have an opportunity to more adequately protect myself in regards to the terms of the divorce?

Thank You

 

[sandyclaus]

What is the name of your state (only U.S. law)? Oregon

My Ex had the papers drawn up by an attorney friend and I recently signed divorce papers, a few months ago. A few weeks prior to signing, I had a mental breakdown and was unable to function in any fashion at all, lost my job and pretty much everything else. She was aware of the severity of my situation and took me to the ER to try to get help for me. A week or so later, she was taking me to get checked into an inpatient Psych ward at a local hospital. On the way to the hospital, she stopped by a local bank for a notary and had me sign the papers. I had not read them at all before signing and she did not give me a copy of them until months later.

Is there any possible grounds I may have to rule those papers invalid and have an opportunity to more adequately protect myself in regards to the terms of the divorce?

Thank You

If you felt that you were mentally unstable and unable to function, then why were you signing ANYTHING without the advice of an attorney? Mentally unstable or not, you could have just said "NO".

 

[I'mTheFather]

If you felt that you were mentally unstable and unable to function, then why were you signing ANYTHING without the advice of an attorney? Mentally unstable or not, you could have just said "NO".

Because his WIFE asked him to? While on the way to the psych ward?

 

[I'mTheFather]

What is the name of your state (only U.S. law)? Oregon

My Ex had the papers drawn up by an attorney friend and I recently signed divorce papers, a few months ago. A few weeks prior to signing, I had a mental breakdown and was unable to function in any fashion at all, lost my job and pretty much everything else. She was aware of the severity of my situation and took me to the ER to try to get help for me. A week or so later, she was taking me to get checked into an inpatient Psych ward at a local hospital. On the way to the hospital, she stopped by a local bank for a notary and had me sign the papers. I had not read them at all before signing and she did not give me a copy of them until months later.

Is there any possible grounds I may have to rule those papers invalid and have an opportunity to more adequately protect myself in regards to the terms of the divorce?

Thank You

Consult an attorney ASAP.

 

[KD74]

Prior to my breakdown, I was running multimillion dollar region-wide construction projects and I fully understand the importance of reading contracts and understanding applicable laws. I was not in my right mind and could not function at even a livable level. If I was even close to thinking clear, I would not have signed.

I am not proud of it, actually embarrassed, however my signature was put to paper none the less.

Might I have any possible grounds or avenues I might pursue?

 

[I'mTheFather]

Prior to my breakdown, I was running multimillion dollar region-wide construction projects and I fully understand the importance of reading contracts and understanding applicable laws. I was not in my right mind and could not function at even a livable level. If I was even close to thinking clear, I would not have signed.

I am not proud of it, actually embarrassed, however my signature was put to paper none the less.

Might I have any possible grounds or avenues I might pursue?

Possibly, so you should consult an attorney ASAP.

 

[stealth2]

You NEED to speak with a lawyer. ASAP.

 

[LdiJ]

You NEED to speak with a lawyer. ASAP.

I wholeheartedly agree. However I will also say that anyone who cannot understand that someone who is in a mental breakdown could be coerced into signing something they don't understand doesn't understand the reality of being in a mental breakdown.

The most concrete example of that is a cousin of mine. Her husband died suddenly in front of their son who has cerebal palsy. It was a heart attack. Her son went into a gran mal seizure as a result of witnessing his father die...so there were two ambulances, one taking her husband, one taking her child. She signed everything that anyone put in front of her that day which resulted in CPS threatening to take her child...and almost succeeding.

I will never forget that funeral. Everyone was taking shifts at the hospital to ensure that CPS didn't just take the child while we were trying to deal with dad's funeral. It was horrible.

 

[quincy]

What is the name of your state (only U.S. law)? Oregon

... Is there any possible grounds I may have to rule those papers invalid and have an opportunity to more adequately protect myself in regards to the terms of the divorce?

You could potentially have grounds, yes, if you were unable to understand at the time of signing the divorce papers the terms and consequences - and your wife knew that you were in no condition to understand the terms, and took advantage of that fact.

As everyone has told you already, though, you need to see an attorney for a personal review. And I agree with I'mTheFather's "ASAP" addition. When you consult with the attorney, be sure to take with you all of the papers you signed and all of the evidence that can support your mental instability, from before and up to the date you signed.

 

[Proserpina]

I wholeheartedly agree. However I will also say that anyone who cannot understand that someone who is in a mental breakdown could be coerced into signing something they don't understand doesn't understand the reality of being in a mental breakdown.

The most concrete example of that is a cousin of mine. Her husband died suddenly in front of their son who has cerebal palsy. It was a heart attack. Her son went into a gran mal seizure as a result of witnessing his father die...so there were two ambulances, one taking her husband, one taking her child. She signed everything that anyone put in front of her that day which resulted in CPS threatening to take her child...and almost succeeding.

I will never forget that funeral. Everyone was taking shifts at the hospital to ensure that CPS didn't just take the child while we were trying to deal with dad's funeral. It was horrible.

This OP absolutely NEEDS an attorney.

It is entirely possible that at the time this OP would have been deemed incompetent (in the legal AND medical sense) and unable to do anything more complex than deciding between apple or orange juice for breakfast. A temporary and severe loss of mental acuity can and sadly does happen more often than we'd like to think.

Sandy, you said:

If you felt that you were mentally unstable and unable to function, then why were you signing ANYTHING without the advice of an attorney? Mentally unstable or not, you could have just said "NO".

You're blaming the OP for this? And telling him that he should have said "no" despite his obvious lack of reasoning ability at the time? You're saying that despite his obvious psychiatric emergency he somehow should have retained the ability to assess HIS OWN situation and then snap out of it enough to know and understand what he was doing?


"Mentally unstable or not, you could have just said no".

I can't even comprehend why you said that.

 

[I'mTheFather]

"Mentally unstable or not, you could have just said no".

I can't even comprehend why you said that.

I'll keep an open mind.... Perhaps it's a case of mental instability and inability to function at the time the comment was made.

 

[stealth2]

If you felt that you were mentally unstable and unable to function, then why were you signing ANYTHING without the advice of an attorney? Mentally unstable or not, you could have just said "NO".

Unbelievably clueless and ignorant response.

 

[tranquility]

I agree with the others, an attorney is needed.

With that being said, the level of capacity required to sign an contract is really quite low. While there are different tests, depending on the state, you would probably not qualify in a some of them. (I don't know Oregon tests but will try to look some things up later.) But, it has to do with capacity to understand and not an unwillingness or failure to read the document. This will not be an easy test, especially when you will have some indication of your ability to understand in your initial interview at the psych hospital and I suspect you were aware of why you were there. That will make at least one test nearly impossible for you to be considered without capacity. If you could commit yourself, you can sign divorce papers.

The goal will be important to your attorney so you both can consider just how hard you want to fight things. If your goal is to not be divorced, I don't think you should fight too hard. It will happen even if you could void any documents you signed. It will just take a little longer. If the settlement is the problem, you have to look at how unfair it actually is. If completely unfair, it might be better to go with a coercion claim rather than incapacity. Spouse knew you were especially vulnerable and took advantage of the situation to his benefit while you were in a co-fiduciary relationship with them. (As you were still married at the time.) If the settlement is one you just don't like, man, that is going to be a tough call. It will be hard to get out of it and is going to cost quite a bit if your ex fights things. If you want that fight because you didn't get the family dog or the red blender rather than the blue one, you might reconsider.

 

[Bali Hai]

I agree with the others, an attorney is needed.

With that being said, the level of capacity required to sign an contract is really quite low. While there are different tests, depending on the state, you would probably not qualify in a some of them. (I don't know Oregon tests but will try to look some things up later.) But, it has to do with capacity to understand and not an unwillingness or failure to read the document. This will not be an easy test, especially when you will have some indication of your ability to understand in your initial interview at the psych hospital and I suspect you were aware of why you were there. That will make at least one test nearly impossible for you to be considered without capacity. If you could commit yourself, you can sign divorce papers.

The goal will be important to your attorney so you both can consider just how hard you want to fight things. If your goal is to not be divorced, I don't think you should fight too hard. It will happen even if you could void any documents you signed. It will just take a little longer. If the settlement is the problem, you have to look at how unfair it actually is. If completely unfair, it might be better to go with a coercion claim rather than incapacity. Spouse knew you were especially vulnerable and took advantage of the situation to his benefit while you were in a co-fiduciary relationship with them. (As you were still married at the time.) If the settlement is one you just don't like, man, that is going to be a tough call. It will be hard to get out of it and is going to cost quite a bit if your ex fights things. If you want that fight because you didn't get the family dog or the red blender rather than the blue one, you might reconsider.

Just to be clear OP is the husband, not that it would make any difference in how you responded.

 

[single317dad]

Is the divorce actually finalized?