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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116140
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was married years. Have been mentally disabled since 2003.

Customer Question

I was married for 32 years. Have been mentally disabled since 2003. My ex husband was my payee since I was hospitalized in 2003. Mentally I can not think straight when under a lot of pressure and stress, which my ex knew this. He asked for divorce July 30, 2014, left 3 days later with another women on a week vacation. Came back took me all over taking my name off accounts and bills . Rushed me into everything so fast. He had all the paperwork already worked up with the bank for me to take over the house loan. ( which 3 months before he had consolidated all His credit cards and payed off the remainder of his motorcycles x2. ) pushed saying to file online for divorce, because if we got attorney I would end up penny less and no where to live? As soon as the paperwork got here he came got me took me to courthouse to file. Then later behind my back filed petition for emergency divorce, he told me the court changed judges and the reason they pushed up the divorce date was because that was the only time the could get us seen. He did give me 5,000 .
He walked away debt free, 2 Harley Davidsons paid for, a vehicle paid for, a ton of guns and amo paid for, a amzoil business we had just started, a secret bank account in Nebraska (I found out later ) his whole retirement plus whatever else he hid from me? He Re married less than 8 mths after divorce, which was ... ask July 30, 2014 - divorce October 6, 2014 and he re married June 20, 2015. (Found out they were seeing each other for at least 3 yrs) I am left with the house loan and the extra 21,000 stuck on to that loan from him consolidating 3 mths before leaving. I am disabled and live on disability check and KPERS. I only get around 1,400 a mth. My house payment alone is $643.75 , then all bills, therapy, meds, Doctor appointment for other health problems. My question is??? Is there a legal way to go back and get him to help, by paying on some of the house loan ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were not mentally competent when all of this occurred in 2014 and did not have the chance to talk to your own attorney, then that is a basis to vacate the property settlement and seek to have the court revisit the property division, which is the division of assets and debts.

To do this, you would need to hire a local attorney and they would need to get the documentation on what took place and also documentation from your doctor that you were not mentally competent and therefore unable to agree to anything your husband did. Furthermore, your attorney would have to show that this was so unconscionable that it shocks the conscience of the reasonable person. If the attorney can prove he intentionally took advantage of your mental incompetency, the court will also sanction your husband by making him pay your attorney's fees as well as likely grant you more money from the marital estate.

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