Legal Question in Family Law in California
Can I contest my divorce?
I want to know if I can contest my divorce because of my mental stae of mind when it was happening. I feel I was not able to make a decision that big at the time. My wife filed for divorce. I signed nothing and never hired an attorney. I feel like she took advantage of my mental state. I suffer from depression. We bought a house together and less than 3 months of living in it I was asked to move out because she no longer wanted to be married to a depressed person. Also she has left my name on the title to the house and I want to know if I can at least write some of the interest off of my taxes.
2 Answers from Attorneys
Re: Can I contest my divorce?
If you did not have mental capacity to get a divorce, then you may want to think about an annulment. To get an annulment (which is rare) you will have to request a court hearing. Please talk with an attorney about such an issue. If you cannot afford an attorney, you may want to talk with your local court clerk about what forms and procedure you must complete.
Re: Can I contest my divorce?
There are two issues here: (1) can you change your mind about the divorce and (2) can you change your mind about the property settlement.
No, there is no point at all about trying to get the divorce overturned. The courts always grant a divorce if one person wants it whether or not the other person wants it.
I cannot make out what the settlement was. The fact that you name is still on the real estate (proabably the only important assets) suggests tht the settlement was fair. Without more facts I can't say more.
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