G.A.S. v. S.I.S.

407 A.2d 253 (Del. Fam. Ct. 1978)

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Nature of the Case

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Facts

H and W were married in 1957, and had four children. H's mental health problems began in 1970, again in 1972 and again in 1974. H suffered from schizophrenia, paranoid type, and manic-depression. W sought a divorce. H did not want a divorce. A separation agreement was prepared by W's attorney and signed by petitioner on February 20, 1975, at her attorney's office, at her request. H never spoke with the attorney about the contents of the agreement, nor did H read it in the office prior to signing the document. H was not independently represented by counsel when he executed this agreement, although at the time he was still committed to the Delaware State Hospital in the night hospital program. On the date he signed the separation agreement, H was given Akineton, Berolla C and Esidorex, medications which adversely affected H's reasoning powers. During his last hospitalization, H was dependent upon W for transportation, cigarettes, money to spend and permission to leave the hospital and to return home. W took over his paycheck and ran the family during the course of his illness. H was extremely cooperative toward W during the time when the separation agreement was executed in hopes of reconciling the marriage. H seeks to rescind the agreement.