You asked: In my 1995 divorce , I do not feel that I was treated fairly in regards to distributions of a family business. Is there a statue of limitations?Additional Details:My ex and I were married for 25 years. Looking back on my divorce papers. My ex husband owned 24% of a family business. I was to receive 12%. It is the 12% of this business that I was not treated fairly with. I do not think they had the business fairly valuated. In addition in my 12% they gave me something that was already giving to me as part of the divorce. I feel it need to be reviewed. I was very distraught at the the of my divorce and I do not feel that my Attorney worked in the best of my interest. Thank you for your time and consideration. Anne Dunlap
I am a Michigan lawyer, and cannot advise you of MA law; however, I may be able to offer some guidance. In most states, a judgment of Divorce entered by the agreement of the parties is enforceable, but not reviewable absent fraud, misrepresentation, or mutual mistake of fact. If the reason you want the divorce reviewed is that you are now not certain that it was fair, then it is unlikely the Court will permit a review. If the reason you want the divorce reviewed is your belief that your husband misrepresented the value of the business or committed fraud, then the Court may entertain such a motion depending on the statute of limitation.
I would suggest that you seek the advice of a local attorney who specializes in divorce so that you know all of your options.
Stu Shafer
Answered on Apr 14th, 2012 at 6:23 PM