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...
2 Answers from Attorneys
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.
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.