Legal Question in Family Law in New York
Fraudulent Inducement in Divorce
My marriage juristiction is in NY.
I left a 24 year marriage in Jan 2001. I had no reason to believe otherwise when he told me whatever money 'we' had in the stock market (our major asset other than the house), had been lost because he was playing on margin and the margin was called.
I moved to Florida. Because I left this marriage virtually penniless, I did not have proper legal representation for the divorce. I was not discourged by my ex when I agreed to a do it yourself divorce. I also agreed to the papers being reviewed by an attorney who was a mutual acquaintance. The attorney is in NY and therefore was brought the papers by my ex.
I have recently discovered the fact there was no money was not true. As of Dec 31, 2000, there was well over 400k in stock earnings! I also now find out the stock accounts were in his name only; I was not joint owner. I have copies of the 1099B's for the years ending 2000 and 2001.
My Separation Agreement was filed in July 2001 and my Divorce finalized in April 2002.
What if anything is my recourse against what appears to be a deliberate fraud?
Thank you,
2 Answers from Attorneys
Re: Fraudulent Inducement in Divorce
If there was fraud, you can move to set aside the separation agreement, ESPECIALLY since you did not have an attorney. If you wish assistance, please call my office at five one six, two four eight, four thousand.
Re: Fraudulent Inducement in Divorce
You should engage counsel to move to set aside the agreement on the grounds of fraud. If the numbers you are quoting are accurate, it is likely that a court would set aside the agreement.
For NY Law and Court forms, and more go to
http://justiceneversleeps.net
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