Legal Question in Family Law in Illinois

Re: mental health and divorce decrees

This is a matter that must be reviewed with an attorney. You face a big hurdle, i.e., setting aside a contract signed by you. A proper answer to your question requires considerably more information regarding your disability, what your ex-spouse and/or her lawyer knew at the time, and an analysis of existing law applicable to the facts.

You should be aware that the statutory provision which was formerly used to protect an incompetent person prior to adjudication has changed (see now, 755 ILCS 5/11a-22. Trade and contracts with a disabled person). The new statute permits a contract to be set aside if you are a person �for whom a plenary guardian has been appointed or who is adjudged to be unable to so contract.� You do not mention a guardianship or adjudication of disability, so I cannot determine whether you are able to set aside the contract.

If you don�t have a lawyer, consider it. A personal attorney-client relation would allow you to provide more info, ask more questions, and receive more help.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.