Legal Question in Family Law in Virginia

reopen divorce case

Final divorce decree in Jul 2003 after 2 years separation. Marriage of 21 years. Can case be reopened under any circumstances, if so what are they?

My issues: misrepresentations - poissible fraud

improper calculations of support amount

case involves USFSPA/

mil retirement included twice: USFSPA award and again as current income for alimony

Thanks!


Asked on 3/04/06, 10:55 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: reopen divorce case

The circuit court loses jurisdiction over a case twenty one days after final judgment. You can reopen any case with a "fraud against the court claim" but you would lose on issues of miscalculation. Knowing misrepresentation is very difficult to prove. Fraud has to be absolutely proven and fails more often than it succeeds.

Good luck,

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Answered on 3/04/06, 11:23 pm


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