Legal Question in Family Law in California

I filed for divorce in December 2005 after over 20 years of marriage and it was granted in March 2006 in San Mateo County, CA.

We listed that "There is no community property to be divided"

I subsequently found out that my ex-husband has a retirement account at his work.

Can I try to recover part of that retirement account now?


Asked on 6/16/10, 12:58 pm

2 Answers from Attorneys

Yes. He should have disclosed that in his preliminary and final disclosures. Failure to do so is grounds to reopen the case.

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Answered on 6/16/10, 4:13 pm
Anthony Roach Law Office of Anthony A. Roach

I agree partially with Mr. McCormick, but I also add the caveat that your time may have run to set aside the judgment, pursuant to the grounds set forth in Family Code section 2122. There is also the question of when you learned of his failure to disclose.

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Answered on 6/18/10, 8:23 am


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