Contesting divorce results

I am a resident of Oregon and was divorced here in Oct. 2003. A couple of years prior to my divorce I began a regimen of medications to treat myself for Hepatitis c. One of the major side effects of this medication can be severe depression which I slowly slipped into. To cut to the chase what happened is when the date of our divorce hearing came I showed up but without an attorney. I am not a stupid man and up until this treatment I was quite successful and owned two separate business’s. Might credit scores could not be higher. All of that went down the tubes along with my whole purpose of self. I didn’t show up with a lawyer because I was “doomed” no matter what I did. Laying on my couch was how I treated my disability. My question is that because of my diminished capacity is there any chance of a do-over? Needless to say I got creamed in court. Within two months of this proceeding I was granted almost full disability from the V.A. (80%) for my depression and within the next fourteen months after going through all the hoops I was also granted full disability from social security. In the next few days there will be a dispersal of funds from a commercial piece of property I owned and bought with pre-marriage money I had saved. This represents pretty much everything I spent the last twenty years working for and the split is heavily tilted in her favor. Am I just screwed? - Is this your question? Add additional information
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Answers (3)

Collin C McKean

Collin C McKean

Contributor Level 3
Although terms of support and custody of joint children are subject to post-judgment modification proceedings, it is a fundamental rule under Oregon law that property division terms in a divorce judgment are unmodifiable. There are very limited exceptions made to this rule in extraordinary cases. I should impress such exceptions are rare and typically focus on the conduct of the benefited spouse.

Although it is plausible that you were taken advantage of by your ex-spouse as a result of your condition, your position may be benefited with a full discussion of the circumstances relating to your divorce before attempting to modify the property division terms of your divorce judgment.
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Martin M Fisher

Martin M Fisher

Contributor Level 3
In short, yes, you are "screwed."

As noted previously, property divisions are not subject to modification. I have represented more than one unfortunate soul (usually men) who have found themselves in similar circumstances.

Regardless of why, the time frame for contesting the judgment was one-year after the judgment (you could have asked to have it set aside for excusable neglect - maybe). You are about four years too late.

If by any chance you were ordered to also pay spousal support, you might be able to use your disability to reduce or terminate the spousal support.

Sorry for the bad news.

Good luck moving forward.
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Deloise Elizabeth Tritt

Deloise Elizabeth Tritt

Contributor Level 3
Generally it depends on what the law is in your state for filing a motion to vacate the Judgment for cause. If the court tried the case, there are strict timelimits within which to appeal or file a motion for reconsiderations, and since you are 5 years out- probably that option is not available. However, in some states and under some circumstances the court may give you relief if your mental disease or defect prevented your full participation. You will have to check with a local attorney in your home state to determine just what remedies might be avilable to you. However, as other attorneys have said - since it has been a long time, your chances are slim. Different attorneys may have different opinions, so it pays to check with someone in your area who is a specialist in family law, and determine if anything can be done.
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