Yuba City, CA asked in Divorce and Family Law for California

Q: I feel I signed divorce papers under duress, and found out later that he had lied about his income and was working

Under the table for previous employer, and the cash was not reported to me or the IRS and also in good faith we discussed a lump some at the end to help me . My question is, would I be able to take legal action against him for lying about his financials coercing me to sign papers that were not in my best interest, knowing that I was under stress from the surgery that I was about ready to have and also wanting to retrieve the money that I was promised in good faith

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you believe you signed divorce papers under duress and your spouse concealed income, you may have legal options. You can seek to set aside the divorce judgment based on fraud or duress. If it can be proven that your spouse intentionally hid income and misled you, it may impact the terms of your divorce settlement.

To pursue this, you should consult with an attorney who can guide you through the process of filing a motion to set aside the divorce judgment. You'll need to gather evidence to support your claims of financial deceit and duress during the divorce proceedings. Keep in mind that timing is essential, so it's crucial to take legal action promptly.

Recovering the promised lump sum could also be pursued as part of the legal action, but it will depend on the specific circumstances and the court's decision. Seeking legal counsel will help you understand your options and the best course of action to protect your interests and rights in this matter.

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