Legal Question in Family Law in Ohio
Post divorce claims
My divorce was final in Ohio 9/27/04. My husband received spousal support as well as half of my 401K, stock options and half of all our personal assets.
He filed two separate petitions with the court on October 24, 2005. One was because he was not informed until recently that I also am entitled to a pension from my employer. One was on grounds that I have in my possession a piece of art worth approximately $1,000 that we are to divide the proceeds from when sold. There was no direction as to who would sell by when or for how much.
He had an attorney and I represented myseld in a collobarative arrangement. He received an extremely fair settlement given the fact the reason for the divorce was lack of financial support from his during the 13 year marriage. We had no children together.
The court date is Nov. 21st. I know I either have to appear or try and settle prior. I am living and working in Richmond, VA. How would the court view this situation? Isn't he allowed only one year to contest the original decision?
Thank you
1 Answer from Attorneys
Re: Post divorce claims
Your former husband's action action in the Ohio court regarding the art work will likely be dismissed; the one, however, involving the pension may acquire "legal legs", so to speak, only in the event that you somehow hid this information or failed to fully and properly disclose it to your ex spouse at the time of the divorce settlement. If the latter situation were
to be the case, the court could well find that your pension should have been counted as marital property and subject to an equitable distribution which it could then order.
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