QUESTION
If my ex lied in discovery during our divorce can I go back and charge him if it’s been 3 years?
Asked on May 08th, 2013 on Divorce - Michigan
More details to this question:
My divorce was final 3 years ago and my ex hid a company that he was part owner in. Said he was just an employee. Now it is being sold and I have more proof can I take him back to court?
9 ANSWERS
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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If he failed to disclose his interest in an asset prior to your divorce, you would have the right to reopen the divorce and possible obtain your share of the asset. If he has perpetrated a fraud on the court, the court could sanction him for that conduct.
Answered on May 14th, 2013 at 6:31 AM
You can go back to court and petition for a modification of the property settlement to include the "hidden asset". The court can consider dividing assets that were not disclosed or that were misrepresented in an original divorce proceeding. In some circumstances the court will order the entire asset given to the spouse who was deceived.
Answered on May 10th, 2013 at 2:07 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Maybe. Review specific details with an attorney.
Answered on May 10th, 2013 at 10:33 AM
The Family code has specific provisions for reopening a case where one party has deliberately hid an asset. You should consult a family law attorney about how to bring a motion to get the hidden asset divided.
Answered on May 10th, 2013 at 10:33 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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You would need to move to reopen the decision based upon the newly discovered evidence. Since it has been three years you would need to show the court that your delay in bringing the action after three years is reasonable. Under the facts you have presented, you should have a good chance of reopening the decree.
Answered on May 09th, 2013 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with your attorney about it. You know, it may be that he did not get ownership until after the divorce. He could have declined ownership because of the divorce and that would not be illegal.
Answered on May 09th, 2013 at 1:59 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Yes. Get the proof together that you have and contact an attorney quickly while your ex stll has the money from the sale.
Answered on May 09th, 2013 at 1:58 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, it is an unadjudicated asset which the court retains jurisdiction over. Since he hid the asset during the divorce, the court may order him to give you 100% of the proceeds. Get an attorney, as this will be a difficult process.
Answered on May 09th, 2013 at 1:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, get a good attorney. The original decree, if you can prove your allegations, was procured by fraud.
Answered on May 09th, 2013 at 1:58 PM