Legal Question in Family Law in Massachusetts

trial fraud

If a husband intentionally omits his trusts and beneficiary information on a divorce financial statement and a subsequent contempt financial statement, what is the process & procedure to take to bring the judgment decisions back to the table and to file suit for fraud?


Asked on 10/06/08, 9:22 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: trial fraud

You can seek to re-open a divorce judgment and set aside any approved Agreement under Rule 60(b). This is done in the Probate and Family Court. Time limits apply, and this is technical work. You should seek a good lawyer in your area.

A civil suit outside probate and family court for fraud is theoretically possible, but you will not have much luck. The problem is that the District or Superior Court has no strict formula to apply as to what you were defrauded -of-. An interest in a trust is potentially divisible marital property, but the Probate and Family Court has wide discretion in making the division. Without a clear formula, the other court departments can't second-guess as to what you might have gotten had these asets been properly disclosed.

Perjury is a crime. It is not taken seriously in the divorce realm, though, which is a hindrance in many cases. If the perjury was substantial, you can try to get the district attorney interested, but do not hold your breath waiting for a prosecution unless you are fond of passing out.

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Answered on 10/06/08, 9:54 am

Re: trial fraud

You can seek to reopen the case on the grounds of fraud, under rule 60 (b). I would suggest you contact an attorney as soon as possible.

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Answered on 10/06/08, 12:15 pm


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