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I was served divorce paper a couple of weeks after leaving rehab against doctors orders. I suffer from depression and biopolor

Glendale, AZ |
Filed under: Divorce

disorder. My ex-husband wanted to settle without doing discovery of his business stating that there was no money and lead me to believe in taking the settlement. He had control of everything in the household. I didn't want to fight and he was giving me no money to live on and I just didn't want to fight with him. Now that I'm in a better mind state I think I could have made better choices with the decree. Would I be able to contest the decree?

Attorney Answers 4


You could seek to set aside the judgment based upon your prior condition. However, it may not be that simple so I would suggest that you meet with a domestic relations attorney to speak at more length about the specifics.

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This question is too complicated to answer without a consultation. You should make an appointment to see a local attorney and discuss all the facts of your case.

Robert Ricci, Jr., Esq.
1743 St. Georges Avenue
Rahway NJ 07065

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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This can be very complicated. There are situations where the court might set aside the decree, particularly if you were not in the state of mind to comprehend what was happening.

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Well, it depends. It depends on a lot of things, actually. Like why did you leave rehab against doctor's orders? What kind of rehab was it? Do you have your depression and bipolar disorder under control with medication/therapy? Are you under a doctor's care for that? Just because you didn't feel like fighting doesn't really sound like you were under duress (coerced by your ex-husband into signing the divorce papers on his terms) or the victim of fraud. It sounds like you willingly agreeds. Just because you've changed your mind, see things clearer now and have "buyer's remorse" is probably not going to be enough to set aside an otherwise valid judgment. Now if you can prove he was not truthful or complete in his disclosures to the court or statements he made to you, and I mean prove with hard evidence (like e-mails, voice messages, letters, etc.), then you might have a case for having the decree revisited. After you have been divorced a year, you can ask for it to be modified for good cause (substantial change in circumstances).

This post should not be construed as formal legal advice or the formation of a lawyer/client relationship.<br /> <a href="" target="_blank"></a>

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