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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101534
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I got a divorce a lil over a year ago. can i still fight for

Customer Question

I got a divorce a lil over a year ago. can i still fight for half of what belongs to me. i have proof that my mental state at the time was not good and that my ex always in contorll of the money got everything house 401k r savings just everything after 20 yrs i got absolutely nothing
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about your situation. Traditionally, Texas courts are very reluctant to REOPEN divorce cases. Once it is finalized, the divorce generally CANNOT be set aside after 30 days pas the decree being signed are up.
The only way that someone in your situation can possibly be successful in reopening the case is:
1) if the divorce decree was per an agreement between you and him, and
2) you can show by CLEAR AND CONVINCING EVIDENCE that you did NOT understand what you were signing at the time to due to your mental state, and only recently have found mental capacity and realized what you had done.
This is extremely hard to prove. So chances of this are slim.
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