Legal Question in Family Law in Massachusetts

time allowed to reopen a divorce? and grounds allowed?

I have found several accounts my ex did not disclose. My divorce was final 4/8/06.

Also, I have him on contempt which is to be heard again sept 8th, for not turning over paperwork court ordered (4/08/2006) related to money he moved and has NOT accounted for and crediti card debt he incurred without my knowledge! thansk in advance mary...


Asked on 7/04/07, 11:07 am

2 Answers from Attorneys

Jerome Aaron Law office of Jerome L. Aaron

Re: time allowed to reopen a divorce? and grounds allowed?

There is a mechanism for re-opening a case for fraud, called a "Rule 60(b) motion." I would want to be sure the accounts were substantial before embarking on this because the legal fees for re-opening a case are not trivial. If he had an account for, say, $50,000, which he did not declare and you have proof of it, clearly you should proceed. If you found an account for $2,500.00, I don't think I would hire a lawyer for that.

The other matters can be dealt with via a contempt.

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Answered on 7/06/07, 9:33 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: time allowed to reopen a divorce? and grounds allowed?

If the accounts are large enough, you should engage an attorney to file a Rule 60 Motion for Relief from Judgment. You need to make a cost-effectiveness determination, as drafting and arguing the motion will require 5 - 10 hours at a minimum, and the effort should be worth the fees.

Ideally, the Rule 60 motion should be heard alongside the contempt, to save money and to add to the effect.

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Answered on 7/04/07, 11:14 am


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