Legal Question in Family Law in Florida
Medical disability/divorce
My husband is medically disabled from the military due to a milignant brian tumor. The tumor is located to where it effects his emotions, his short term memory, his concentration and when he is under stress he cannot process his thoughts and react well. During his divorce from his first wife of twenty years, her father acting as a ''friend'' to my husband convinced him that he did not need legal representation. His ex-wife did have a lawyer. She did not report any of her income. Then not only did she get 45% of his military retirement, the larger portion of investments and assests and a brand new car. She gets 45% of his disability. All for life, regardless of if she remarries. He even was made to wait in the car while she and her father went into her lawyers office and her father brought the divorce papers out to the car for him to sign! I understand that 45% of military retirement is a property right. But does my husband have any grounds for a reconsideration of his case regarding the 45% of his disability due to his medical history and lack of legal representation?
3 Answers from Attorneys
Re: Medical disability/divorce
If he can produce medical proof of his mental disability, he may be able to vacate the judgment. It is not an easy task. Good luck.
Re: Medical disability/divorce
good evening
he needs to furnish medical proofs/evidences
Re: Medical disability/divorce
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Your husband may be able to request a new hearing if he can provide new evidence to the court that would prove that he did not obtain a fair result but to change the outcome will not be easy. Unfortunately, it was his responsibility to have these issues decided at the original hearing. For whatever reason he chose not to contest what the wife was doing and went along with the wife and her attorney.
I would strongly suggest that he consult with a qualified divorce attorney to review his legal rights. Any hearing of this nature will require representation in order to have any chance of a successful outcome.
First and foremost, there is a 10 year rule that the wife had do overcome in order to share in any military pension or disability. Did she qualify? If not, that is the perfect grounds upon which to base his case.
Scott R. Jay, Esq.
Scott R. Jay, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
