Q: Mother who can't speak English was coerced to divorcing and waiving her right to prop division. Can this be challenged?
20 year housewife was suddenly presented with divorce paper. In her shock, fear, and illiteracy, she signed everything presented and now she is stranded in US with nothing and no English skills. Realizing the dire situation, she is trying to properly hire a lawyer and claim her rights. However, will that paper she signed at the beginning damn her rights as a faithful housewife for 20 years?
A: She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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