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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29787
Experience:  Attorney with experience in family law.
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I am already divorced (4 years). At the time of my divorce,

Customer Question

I am already divorced (4 years). At the time of my divorce, my ex husband had a lawyer and I did not (I could not afford one). My ex got everything. He had told me more than once while we were still married that he would never pay for me to live in my dream home on top of the hill if things did not work out for us. We were married for almost 17 years. He is a member of the local law enforcement holding one of the top positions and was at the time of our divorce. Is there anything I can do now? I was the one who moved out of the house after we had a physical altercation that began with him grabbing me by the arms and putting me against a wall. The grip he had on my arms left bruises. I did not report him because he would have lost his job. When we were not able to work our issues out in counseling, I thought it best to "let him go" and get a divorce. He got a lawyer and I did not have one. On the day I signed the papers, I made a statement along the lines of "he gets everything". The lawyer said he could not be of legal assistance for both of us. I foolishly signed the papers. Is there anything I can do at this point? I know it sounds harsh, but I have worked very hard to go on with my life and have been able to be successful in many areas to include just purchasing my own house. Can I take him back to court to get "my half?"
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happened.

Unfortunately, no, you cannot take him back to court now. The papers that were signed are binding on you. A motion to reopen a case because of duress of fraud must be brought within one year after the judgment was entered under Rule 60. There isn't any procedure for opening a case after four years have passed.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Customer: replied 1 year ago.
I cannot even ask for half the retirement or social security?
Expert:  Lucy, Esq. replied 1 year ago.

Not if you specifically waived it at the time of the divorce. You're bound by the agreement that you made, even if it turned out to be a mistake. I'm sorry.

You can seek Social Security benefits based on your ex-husband's earnings if it would give you more money than you get on your own, as long as you do not remarry before reaching retirement age (or that marriage also ends).