Mental duress used as an excuse for a new trial


#1

I won alimony in a a process that took me a year. He cheated and I was awarded a monthly sum for a number of years. We both represented ourselves. Me because I could not afford a lawyer. Him because he didn’t think I could prove it. Now that I won, he is claiming he suffers from mental health disorders and is under the care for said disorders, that severely affected his ability to organize his thoughts and arguments and thoughtfully engage in his own representation that one day on the stand. He wants a new trial. How do I over come this argument and get it denied? He has a high public civil service job that would frown on the fact that he is making life and death decisions for others lives if he is suffering from such a malady. He might even be put on admin leave while it is determined if he should be making such decisions.Early on he had the best divorce lawyer in Durham NC and fired him because he didnt want to spend the money. Now he hired a new attorney. He cheated. I won. I do not want to go thru another year of this. Please help!!

also he filed a motion to set aside alimony–do I need to respond to this filing or do I just go to our court date and get my say then?


(Anna Ayscue) #2

In order for him to succeed on such a motion based on the reasons you have provided, he would need to prove all that he is saying by way of medical records, doctor/therapist testimony, etc.

Your evidence to counter his argument is that he has continued to have his job and perform in his job (which apparently requires serious decision-making on his part), a lack of motions to continue prior to the trial, etc. You would also want to cross examine any medical professional that he has testify to see if they really are able to determine that he was so afflicted that he was unable to recognize the seriousness and importance of the alimony hearing.

You do not need to file a written response to the motion but you can file an objection to the motion to set aside which would make record of your position.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

where would i find the form to file the objection?


(Anna Ayscue) #4

There is no pre-printed form. You would create your own document.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.