What to do if I have been divorced 6 years but just recently found hidden assets of my that were not disclosed during the divorce?

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What to do if I have been divorced 6 years but just recently found hidden assets of my that were not disclosed during the divorce?

What can I do to recover my share?

Asked on October 29, 2011 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What always worries me in cases like this is the time that has passed and the possible preclusion of the defrauded party to set aside the divorce agreement or judgement which is what you can do is most states.  States are specific on your right to bring such a motion.  The statute can be general: within a reasonable time of your discovery the fraud.  Or it can be specific, like in California where you are required to file a motion revealing fraud within two years of discovering the fraud. That is of course a plus in a case like your where you have been divorced  for 6 years but you have just recently discovered fraud that occurred during your divorce, or during your marriage and it affected the divorce proceedings due to hidden assets.  You now wouldhave up to two years to report this to the court. Please check with an attorney in your area on the specifics.  Good luck.


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