Is there statue of limitations for filing motion to re-open a divorce because my spouse committed fraud by hiding assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there statue of limitations for filing motion to re-open a divorce because my spouse committed fraud by hiding assets?

My ex-spouse filed divorce papers just over 6 years ago in AZ. He never told me; I found the dissolution of marriage online. In the papers he stated that we acquired no assets during the marriage. However, I have documents that are signed and notarized stating that I own 50% of the property. He stated he did not know where I lived to serve me papers. Yet, he moved me there, kept his tools there and painted my bedroom, as well as he even came over to visit. Can I file a motion to re-open the case due to his fraud? What is the first procedure?

Asked on November 12, 2018 under Family Law, Florida

Answers:

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

Answered 2 years ago | Contributor

This is your lucky day! Florida does not have a statute of limitations for divorce decrees. This means that a court is free to reopen the divorce case in certain circumstances, and this is one of them.  However, understand that the evidence must be clear and convincinv and I am hoping you have not waited too long sicne you have found out.  Gather the proof as you say but file a Motion for Relief From Judgment or to Set Aside a Judgment ASAP.  The fact that you were never served is also a reason here besides the fraud.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption