Legal Question in Family Law in Georgia
my divorce is fianl for 3 years. In 2002 my now.exhusban was unemplyed. we were in danger of.foreclosure. He told me he had no choice but to roll over both of our 401k's. buy the time he found wor the money was gone. I had no reason to question this at the time of the divorce we had filed bankruptcy and lost every thing. I just found out that he lied to me he did not roll over. we used all of mine. I know I may seem stupid but I had no reason to doubt what he told me. do I have any grounds to get part of his 401k? He was a big big hurry to finalize the divorce. now I know why
1 Answer from Attorneys
Sadly this was your fault and preventable at the time. Had you used a lawyer you would have done basic discovery, found the lie, and acted on it. Although we lack details to answer you, Georgia law prohibits motions for new trial where you should have found out. You must show "that want of due diligence was not the reason that the evidence was not acquired sooner." Meet with a lawyer, but that test alone (coupled with how long you waited) likely shoot down your case.
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