Post-Judgment Divorce Dispute
October 2024
In 2023/2024, Brad represented an elderly veteran in his divorce from his second wife. Over the course of the divorce proceedings, the mental acuity of Brad's client began to decline. In May of 2024, the parties reached a settlement whereby the wife kept all of her accumulated retirement accounts, and in return she agreed to receive much less of the proceeds that would result from the sale of the parties' marital house. The stipulated Judgment and Decree of Divorce was entered in May of 2024. Thereafter, the client's mental capacity continued to decline. The client also underwent a medical procedure that required him to be in a rehabilitation facility for a couple weeks.
In July of 2024, while in rehab receiving pain medications, and in a compromised mental state, the client's ex-wife located him at the rehab facility and visited him in person with a mobile notary in tow. Unbeknownst to anyone, the ex-wife presented the client with an "agreement" to modify the divorce decree, which would dictate the house sale proceeds be divided equally between the parties. Brad's client unwittingly signed the "agreement" and it was notarized. If this "agreement" were deemed effective, Brad's client would receive over $100,000 less than he was entitled to receive in the asset division.
After learning of this unlawful treachery, Brad contacted the unrepresented ex-wife and threatened swift legal action if the "agreement" were not nullified. The ex-wife hired new counsel and over the next few months, Brad and opposing counsel were able to reach a settlement that essentially preserved the terms of the parties' Judgment and Decree of Divorce.
Practice area(s): Divorce / Separation
Court: Ada County, 4th Judicial District
