Legal Question in Family Law in California

Lacked mental capacity to sign martial sep. agreement

In May 2004, my husband and I signed a marital separation agreement. I had just gotten out of the mental hospital 3 days prior. I ended up in the hospital again in July. Do I have a good case to prove I lacked mental capacity to sign such an agreement?

Now he is divorcing me--I have only 12 days left to file a response in L.A. Superior Court.


Asked on 2/13/06, 11:22 am

2 Answers from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Lacked mental capacity to sign martial sep. agreement

yes, you need to move to have it set aside asap

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Answered on 2/13/06, 11:50 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Lacked mental capacity to sign martial sep. agreement

You should retain an attorney to assist you on this. Attacking the agreement is possible but not easy. Pat McCrary

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Answered on 2/14/06, 4:39 pm


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