Q: I need CA lawyer to petition for modification of my divorce settlement. Married 1996 in SF, divorce in 2003 in San Jose.
I am a school teacher, US Naturalized Citizen and French. Ex-husband is a business lawyer. He stopped loving me and abused my trust in him many a times*. I was under his influence, my mental health was impaired and caused a severe anxiety-depressive syndrome. He made me sign an unjust and abusive divorce settlement detrimental to my rights. He told me I did not need to hire a lawyer since he w/ divorce lawyer would prepare everything. I just needed to sign and then I could move back to France. He made me waive my right to his retirement benefits and to any financial help to which I was entitled. The settlement should have provided me "similar lifestyle' and half his pension benefits for the duration of marriage. *e.g. He made me sell my parents's house in France ($50k=my whole inheritance) to invest in stock options and he promised me to give me back $100K, which he did not. He did not show me any paperwork. I wanted to keep and use or rent this house. Please help me
A:
I'm sorry to hear about your situation. Under California law, if there's evidence that one party was unduly influenced or coerced into signing a divorce settlement, or if there was fraud or concealment involved, you may be able to petition the court for a modification or set aside the agreement. In your case, if your ex-husband took advantage of your trust or compromised mental state, that could be grounds for challenging the settlement.
Additionally, California follows community property laws, which generally entitles each spouse to half of all assets acquired during marriage. Given your circumstances, it's crucial to gather all evidence supporting your claims, such as medical records or any correspondence.
You should consult with a family law attorney in California as soon as possible to discuss your options and the potential for seeking a more equitable settlement. Time is of the essence, as there are statutes of limitations on challenging agreements. Act quickly to ensure your rights are protected.
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