Q: Is there any laws to protect mentally ill patients from being charged with fraud in divorce?
For example, ptsd can cause memory lose if a person answers the interrogatory and leaves something out, the wife is wanting to get for fraud, but what if it wasnt intentional and was left out due to the amount of stress under from the divorce, bankruptcy, and 38 million dollars in debt
A: I am not aware of any specific legal doctrine that would seem to apply in a situation as you described. Fraud is a serious allegation that must be plead with specificity in civil litigation in Tennessee. Fraud requires intent. You may be able to defend yourself by arguing you did not intend to commit fraud and simply forgot. Such a defense would require the court to find your/witness testimony credible. I recommend you consult with an attorney as soon as possible. Good luck.
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