QUESTION

Reopening my divorce

Asked on Feb 23rd, 2016 on Divorce - Arizona
More details to this question:
I was married in California on June 2012 and became ill with a syndrome called POTS Syndrome which causes you to faint along with other problems. We moved to AZ Nov. 2013 and by Aug 2014 I was served divorce papers by my ex while I was very ill and under duress. I went from making 80k to temp disability of 2300 to 1270 of permanent disability. I do not feel the divorce settlement was equitable as I was basically forced to sign the paperwork without my best interest at hand. It's been 1.4 years since divorce and I'm just starting to feel better and clearer on the situation. My ex is retired and brings home 5000 a month and I am getting 1270, I'm wondering if it's worth my effort to reopen and try to ask for something more fair. All that I recieved back was 5000 for the down payment I put into obtaining the house. Standing by, Brooke Smith
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1 ANSWER

Family Law Attorney serving Boise, ID at Naugle Law Offices
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It's very unlikely you would be successful in having the case reopened and obtaining a different result through either (a) ana award of spousal support (alimony) or (b) a different distribution of the community estate. The short length of your marriage would weigh heavily against a Court awarding you any spousal support, even without the significant hurtles you would face in (a) meeting the time requirment for reopening your case, (b) overcoming the presumption that your agreement to the terms of the divorce was voluntarly, and (c) proving that your medical condition interfered with your ability to make a sound decision in settling your case.  
Answered on Feb 24th, 2016 at 6:56 AM

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