Collierville, TN asked in Divorce for Tennessee

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

Related Topics:
1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
Answered
  • Brentwood, TN
  • Licensed in Tennessee

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.