Legal Question in Family Law in Indiana
Statue of Limitations on Divorce
My sister divorced her husband over three years ago and just wanted out of the marriage. She had a lawyer but did not fight anything on the demands. Her husband has saved a very nice nest egg for himself and her through the years that they were married. But now does not want to give my sister anything from his retirement plan. The lawyer now is saying that she cannot do anything about it because too many years have passed.
Is this true?
1 Answer from Attorneys
Re: Statue of Limitations on Divorce
Hmmmm. I am not sure that I understand your question. I beleive that you are asking can your sister reopen her property allocation three years after it is final. Not likely, unless she can prove a fraud.
However, if her attorney was aware of a pension and failed to discuss her rights with her, she may have a malpractice case.