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Can I reopen my divorce case after signing papers in a psychiatric facility?

Can I reopen my divorce case after signing papers in a psychiatric facility?

Full question:

I signed my divorce papers while in a psychiatric facility without an attorney not knowing that it gave her everything we owned and her pension. Can I reopen in front of a judge to at least get some of my share?

Category: Divorce
Subcategory: Reopen Case
Date: 04/07/2025
State: Indiana

Answer:

To have a valid agreement, both parties must have contractual capacity, meaning they understand the agreement and its implications. If you lacked this capacity when you signed the divorce papers, the agreement may be voidable. This means you can take steps to declare it void, but it’s not automatically invalid.

If you were unable to understand the nature of the agreement at the time of signing, you have the right to file a motion to reconsider or a motion to vacate the property settlement agreement. This action would allow you to present your case to a judge and potentially reclaim some of your share.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to start over financially after divorce with no money?

Starting over financially after a divorce can be challenging, especially if you're low on funds. Begin by creating a budget to track your income and expenses. Look for local resources or support groups that can provide financial advice. Consider finding a job or additional sources of income. If you have debts, prioritize paying them off. Additionally, explore state assistance programs that may help with housing, food, or job training. Taking small steps can help you regain financial stability.

How is a QDRO paid out for divorce?

A Qualified Domestic Relations Order (QDRO) is a legal order used to divide retirement plan benefits in a divorce. Once a QDRO is approved by the court, the retirement plan administrator will follow the order to distribute the specified benefits. Payments can be made directly to the alternate payee (the ex-spouse) or rolled over into their own retirement account. It's essential to ensure the QDRO complies with the plan's requirements to avoid delays in payment.

Can a divorced woman collect her ex-husband's pension?

Yes, a divorced woman can collect her ex-husband's pension if it is specified in the divorce settlement or a QDRO is in place. The QDRO must be approved by the court and provided to the pension plan administrator. This order outlines how the pension benefits will be divided. If the divorce decree does not mention the pension, she may need to seek legal advice to explore her options.

Do I still get my ex-husband's pension if I remarry?

If you remarry, your right to your ex-husband's pension benefits typically does not change, provided that the divorce decree or QDRO grants you those rights. However, if you remarry, you may not be entitled to any future benefits accrued after your remarriage. It’s important to review the terms of your divorce settlement or consult with a legal professional for specific guidance.

What if your spouse doesn't show up for distribution of assets in divorce court?

If your spouse fails to appear for asset distribution in divorce court, the judge may proceed with the hearing in their absence. You may present your case and evidence regarding asset division. The court can issue a default judgment, which may grant you the requested distribution. However, it's advisable to consult with a lawyer to ensure your rights are protected and to understand the implications of your spouse's absence.

Can a divorced spouse get a pension?

Yes, a divorced spouse can receive a portion of their ex-spouse's pension if it is addressed in the divorce settlement or through a QDRO. The QDRO must be properly drafted and approved by the court to ensure the pension benefits are divided as intended. Without a QDRO or specific agreement, the divorced spouse may not have a claim to the pension benefits.