QUESTION
Hidden assets of my ex were found after the divorce, can a modification of the decree be done in court?
Asked on Jan 01st, 2015 on Divorce - Ohio
More details to this question:
I was divorced two yrs ago. At the time of the trial my attorney told me he did not obtain the information regarding property owned by my ex, (10 mins before I took the stand) and told me to state I wanted no claim to it. I didn't want to but didn't think I could do anything about it. In the decree there is nothing mentioned about the land by the judge in her ruling. I recently was able to look at my file and found the lawyer did indeed have the information as to the value, from the auditor, which valued $60,000. I believe this land may also be part of the pipeline, which makes it extremely valuable. My ex withheld all financial information, was found in contempt but nothing happened to him. Since there was no ruling on the division of this land, or if I learn he intentionally with held information, the true value as it is part of the pipeline, can this be readdressed with the court, and modification to the decree done?
1 ANSWER
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It sounds as if you have a very difficult case. Generally, a motion to vacate the prior decree must be filed within 1 year - unless there is actual fraud. As it appears that your attorney had the information, there is no fraud to base the motion on. Equally, if your attorney was guilty of malpractice, that also needed to have been brought within 1 year from the termination of his services and you may be beyond that time as well. You may, however, be well advised to actually sit down with an attorney so that he/she can sort through all of the facts and give you a more thorough analysis.
Answered on Jan 05th, 2015 at 8:09 PM