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Contracts Keyed to Kunz
G.A.S. v. S.I.S.
Citation:
407 A.2d 253 (Del. Fam. Ct. 1978)Facts
Petitioner and respondent were married. In 1970, petitioner was hospitalized when he developed schizophrenia, paranoid type, and manic-depression. Petitioner was hospitalized further in 1972 and 1974 for similar illnesses. While petitioner was still committed to Delaware State Hospital, respondent filed for divorce and her attorney drafted a separation agreement which included a $750 monthly payment of child support and a $155 monthly mortgage payment – over 70% of petitioner’s income. Petitioner signed the agreement while being on several medications and without the consultation of his attorney. At the time, petitioner was working for only a few hours a day and being treated at the hospital at night.
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