Legal Question in Family Law in Massachusetts

Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty’s absence in court, stated that she had lucid intervals from her alcoholism, had been sober for two months, and was lucid when she signed the settlement agreement on September 22, 1978. Betty moved only to vacate the settlement agreement on September 27, 1978, and after she had retained present legal counsel. On January 23, 1979, Betty was declared incompetent to handle her personal and her affairs, and a guardian and conservator was appointed. Betty, through her guardian sued to have settlement agreement voided. Who wins?


Asked on 12/10/11, 7:36 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Why was Betty absent from court in the first place? What were the operative laws and court rules of the Commonwealth in 1979?

You mention that Betty filed a motion to vacate the settlement agreement. What was the ruling on that motion?

I have successfully defended against a motion of the type that Betty brought, and all I can say in answer to your question is that it depends entirely on the facts and the specific circumstances of the divorce, the agreement itself, and the conduct of the parties and their counsel. Your question requires an investigation of the file.

You are not going to get an adequate answer to your specific legal situation on a forum like this.

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Answered on 12/12/11, 9:43 am


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