Legal Question in Family Law in California

Re: false divorce settlement

Dear Inquirer:

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If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

See what your judgment says about "undisclosed assets." You may be entitled to half. Or if the failure to disclose was intentional, you may be entitled to all. The statute of limitations, if there be one, would run from when you discovered the omission, I would think. Contact an experienced Family Law attorney in the county where the judgment was entered for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: false divorce settlement

please email me more specific details regarding your case and my law firm may be able to assist and/or represent you legally in this matter.

Re: false divorce settlement

If this is an asset omitted by the judgment, the court may still divide the asset. It is a fairly simple motion, however, division of stock options may be somewhat complicated and you should have an attorney assist you, particularly if they have substatntial value. Good Luck, Pat McCrary

Reply: false divorce settlement

You definitely have recourse.

Family Code Section 2556 states as follows:

"In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. A party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability."

I suggest that you consult with an experienced family law lawyer without delay. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net