I know of an instance where someone sought a divorce and received one; it turned out later that that person was under the influence of a mind & mood altering drug: Valium & alcohol.. I'm just wondering about the legality of a divorce occuring under those circumstances. IMHO I'm thinking that it shouldn't be legal and that the case should be reopened. The court should've asked whether or not the person was of sound mind and whether or not they were taking any RX's that could affect his moods & his mind. I'm interested in others thoughts on this scenario.
2006-10-30 13:43:02 · 6 answers · asked by Brenda 6 in Family & Relationships ➔ Marriage & Divorce
The divorce was an uncontested divorce and the spouse had no financial means of legal representation & was not eligible for legal aid help. No alimony or child support is/was involved.
The person I'm talking about was a Vietnam Vet and the meds were prescribed by a VA Dr---A Dr that was given the knowledge of the alcholism and the impairment the Valium was causing. Also, the person was impaired for a very lengthy time---which begain prior to the divorce preceedings and ended up years later with a brain injury as a result of the continued use of alcohol and valium. He now needs constant care. His medical records show the Drs continued with the Valium up to the date of his brain injury. He doesn't remember getting the divorce. He also doesn't remember most of the years he was on the Valium--a total of 7 years. It's a sad situation. The issue of remarriage has been brought up and proposed. As of right now, it's an open issue.... Thanks for the feedback everyone.... B
2006-11-01 17:04:55 · update #1
BS. Generally, people can't get a divorce instantaneously, they have to file a petition, get the other party to sign off on it, file the paperwork with the courts (such as a settlement agreement) then they have a brief hearing. It takes WEEKS if not MONTHS so there's no way that idiot was on Valium and alcohol the whole time. Plus you need to go sign in front of a notary even if you don't have to appear personally in front of the judge, though some places you DO have to appear in front of the judge, so how come the notary didn't notice anything if they were so impaired?
Plus, you generally have something like 30 days AFTER the divorce is granted to ask for a reconsideration or to appeal the decision so you're saying they were impaired WEEKS plus another 30 days... yeah, right.
If they were impaired that long, their spouse SHOULD divorce their @ss!
2006-10-30 13:55:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
well to answer your question, once the divorce is final it will not be re-opened or revoked and the courts feel that if you were represented by a lawyer, that the attorney did what ever was necessary to finalize the original complaint. just because its final and if the persons in question are still in love and realize they made a mistake then start dating again and work on remarrying, nothing says the same two people can't remarry!? you never know it might be better the second time around.
2006-10-30 22:12:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In most cases, getting a divorce takes a long time, so long that a person wouldn't very likely be drunk the whole time. Unless the decision to divorce is mutual, many states require that the person seeking the divorce name the grounds for wanting to end the marriage.
In my opinion, people are much more likely to get married in haste and make a mistake.
People who are divorced can always remarry one another.
2006-10-30 21:49:26 · answer #3 · answered by Ms. Switch 5 · 0⤊ 0⤋
Once your divorce is granted their is no going back and recreating it.It's gone never to return, that's the reason you have so many months in see you want to set the divorce aside. You must have really been high in the sky but no not unless he wants to remarry you and I believe you are looking for Alimony, your children and etc. It's gone , I Hope you have your life straightened out, you sound like you must have really been strung out for a long time. Lots of Luck to You. I hope you have goten help that you needed so badly.
2006-10-30 22:20:40 · answer #4 · answered by Nicki 6 · 0⤊ 0⤋
that only apply to wills and testmony now if a person knew they were going to divorce court why would they be under sounds like a lam excuse and the courts should not waste time are money on bull ifa person dont want another person why would they be force to stay married you would think a person would have enough pride and respect about them self to be little them self in public places get a life i say and MOVE ON
2006-10-30 22:04:16 · answer #5 · answered by ? 6 · 0⤊ 0⤋
Nope..
Once the divorce is final then it is final..
You can get re-married but you can't have the old divorce reversed.
2006-10-30 22:30:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋