If my husband and I agree on the grounds for our divorce, can his family dispute them at our divorce hearing?

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If my husband and I agree on the grounds for our divorce, can his family dispute them at our divorce hearing?

I had papers done and completed and my husband and I both signed them. The grounds of our divorce is that he has a mental illness and became a danger to live in our house anymore. He doesn’t contest anything in the papers, but his family does. Can they testify against me at the divorce hearing and get everything overturned that we both agree on? He will not go against me, and we agree, but his family does not. Do they have any grounds? He does not live with them, and has been estranged from them.

Asked on August 4, 2011 North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Here is the problem that I see from what you have put in the papers:  if you know that your husband is not mentally sound then any agreement that he enters in to as a binding contract (and the division of property in a divorce agreement is a binding contract) would not be valid as he does not have the mental capacity to contract.  It will seem as if you have taken advantage of him and the situation.  If they petition the Court to become his conservator of guardian then they may indeed be able to overturn the agreement on the basis of undue influence or some other basis.  Get help. Good luck..


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