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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I signed divorce papers while I was have some health

Customer Question

I signed divorce papers while I was have some health problems, I was seeing psychiatrist, I was in the hospital 2 times. I sign Divorce paper during that time, and He got everything. We have lived together for the past three year after the divorce, there is a lot of thing still in my name. I have proof that we have lived together as man and wife. can I do anything about it. I am still living in our house. Now he wants me to move off the farm. His Mom gave me half the farm, when she past away it was in the will. Can I take him to court.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

If your mother-in-law listed you in the will and gave you half of a piece of real estate at the time of her death, then that is what you are entitled to. If you subsequently give away your interest the divorce proceeding that I would see you would not be. The time period that you have lived together after the divorce will not count as a marriage since there was no nuptials exchanged.

Customer: replied 1 year ago.
am I screwed
Expert:  mmdesq replied 1 year ago.

I assume by your response that you must have transferred your inherited interest to your husband through the divorce proceedings. If that is the case, the only other option I see is to attempt to invalidate the divorce agreement because it was not voluntarily and knowingly and heard into. Perhaps you can use your mental status at the time to avoid the marriage settlement agreement

Expert:  mmdesq replied 1 year ago.

Would you be kind enough to write me please. Thank you

Customer: replied 1 year ago.
I am on disability, So he was afraid they would take everything, so that is why we got the divorced, then when I started to get better, he was ready for me to get out. I have two girls by previous marriage. They said I was all for it so disability could not get the farm. I have memory issues. So I guess I believe what they say , but they did not think he would use it this way. So I was laying on the couch, and sleeping a lot then because of the med. doctor I was being prescribed, My therapist and doctors will give me the list of meds and speak if I need. I just not sure if it is worth it. He claim's the girls will get the farm when he dies. But he could have a different women by then.
Expert:  mmdesq replied 1 year ago.

If you ever want to pursuant now is the time. You will not be able to pursue it later.

Customer: replied 1 year ago.
what should I do
Expert:  mmdesq replied 1 year ago.

If you have any desire to pursue it you should do so now.

Customer: replied 1 year ago.
Expert:  mmdesq replied 1 year ago.

As I had stated previously, if you have already signed away your interest you inherited in the Marital Settlement Agreement, you will have to file a motion to set aside the Marital Settlement Agreement asserting that you did not knowingly and intelligently enter into the agreement because of your mental health issues. This is a difficult burden to prove, so I highly recommend utilizing an experienced family law attorney to increase your chances of success.