Can I reopen my divorce case if I signed the papers while in a psychiatric facility?
01/03/2007 - Divorce - State: IN #63
I signed my divorce papers while in a psychiatric facility without an attorney not knowing that it gave her everything we owned and her pension. Can I reopen in front of a judge to at least get some of my share?
Parties to an agreement must have contractual capacity before the agreement will be binding on both parties. Contractual capacity is the ability to understand that an agreement is being made and to understand its general nature. The fact that a person does not fully understand the meaning and all ramifications of an agreement does not mean that the person lacks contractual capacity. If any party to an agreement does not have contractual capacity, the agreement is voidable. The term "voidable" means that it can be declared void, but is not automatically void. Some sort of affirmative action must be taken to avoid the liability under an agreement that is said to be voidable. If, at the time of signing an divorce related agreement, a party lacked the ability to understand that an agreement was being made and understand the general nature of the agreement, that person would have the right to file a motion to reconsider or a motion to vacate the property settlement agreement.
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01/03/2007 - Category: Divorce - State: IN #63
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