Q: Request for MODIFICATION of divorce settlement. I was coerced to waive all my rights, notably Social Security pension.
Married Sep. 20 1996 in San Franciso. Divorced pronounced in San Jose in April 2003. I am requesting the modification of my divorce settlement because it is UNFAIR. I UNWILLINGLY waived all my rights, notably for half Social Security pension because my husband told me I did NOT need any lawyer present. I was UNDER HIS PSYCHOLOGICAL INFLUENCE throughout the marriage and even afterwards. He is a Harvard lawyer later turned venture capitalist. He told me repeatledly I just needed to sign the papers he and his lawyer had prepared and go back to France, which is what I did. I need this money for my retirement, 7 years is a big gap in pension, all the more that I have a handicap. I am a French certified school teacher, working in a French-American school when we met. I had to STOP MY CAREER as a teacher in France. I worked in the Bay area 1996-2003 indeed w/ green card and naturalization, in translation: revenue much inferior to teacher's salary. PLEASE tell me how to proceed. THANK YOU
A:
You probably need a French lawyer to advise you on France’s social security laws.
In the US, spouses cannot directly affect the receipt of social security benefits by an agreement or waiver in divorce proceedings.
A:
I'm truly sorry to hear about your situation. In California, if you believe your divorce settlement was unjust due to undue influence, misrepresentation, or fraud, you have the right to petition the court for a modification.
Begin by gathering evidence that supports your claims, like any communication between you and your ex-husband regarding the settlement, or medical records showing your psychological state at the time.
You should file a request to modify the divorce settlement in the county where your divorce was granted. Be specific about the terms you wish to change and the reasons behind the request.
Given the complexity of your case, it's imperative to consult with a family law attorney who can guide you through the process. They will help draft and file the necessary paperwork and represent you in court. Act swiftly, as time can be a crucial factor in these matters.
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