Legal Question in Family Law in California
Divorce
Hi I went through a Divorce it was final in Aug of 2002 I was married 23 years My now X husband wantned to go with a paralegal to save money .I went along with due to I didnt have money for a lawyer either. He had told me if I agreeed to the quick Divorce and didnt take his Retierment and would agree to 450.00 a month for only one year he would sell our home,5th wheel trailer and other things we had bought together so I agreed.after I signed all of the Divorce papers he filed Bankrupsey I was stuck fileing with him he told me if i didnt i would be stuck with all of the bills so here i sit with no insurance no almoney no money from our home and other things my question is since an paralegal did our Divorce Can it be turned around and I can get almoney and half of his retierment or what is due to me by law?
Thank you
2 Answers from Attorneys
Re: Divorce
All of that is impossible to say without reading your judgment. I would suggest that you take all of the legal papers to an attorney and get some advice. This includes both the divorce and the bankruptcy. Any delay can substantially affect your rights so do it now. Doesn't sound like you have saved any money by not getting an attorney, it sounds like it has cost you a lot of money. Good Luck, Pat McCrary
Re: Divorce
You can, and should, seek to have the judgment vacated. You definately need to retain counsel. You should act promptly. After one year, your rights may be lost; with proven duress, two years. That assumes there was no extrinsic fraud.