Question:
I need some financial advice on divorce. During our divorce, my wife said it was impossible for her to find out how much money was in her retirement account, so we left it alone.
I recently discovered that she can find out the exact amount and it is substantial.
How can I get the court to re-open our property division settlement to include these assets she lied about?
Answer:
First, I must advise you that it is always best to consult an attorney in your area for specific divorce advice for men as I can only provide you with general divorce information.
Generally, property division in a divorce decree is final and not modifiable. However, it is possible for you to be successful on a Motion to Correct, Open to Re-Examine, and/or Vacate the Decree based on fraud.
Also, depending on your state’s laws, if the decree wholly failed to address the retirement account, it is possible for you to argue that the entirety of the marital property was not divided.
Notwithstanding these options, the court could hold against you in your argument of fraud that you failed to perform available discovery options, such as a subpoena to the retirement account administrator, and could have accessed the retirement account information on your own rather than relying on your spouse’s assertion that she could not find out the total amount of funds in her retirement account.
To best analyze your options, it is always best to seek legal advice on divorce from a family law attorney who can review all relevant court documents, facts, and laws.
Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with Katherine V. Lewis, an Associate Attorney in the Tulsa, Oklahoma office, please contact Cordell & Cordell.
