Question:
When our divorced was finalized, the final settlement did not address how my spouse’s business assets would be divided.
Can I file a Motion to Amend the Judgment now in order to divide the business assets?
Answer:
You could try to file a motion to amend the judgment, but there may be a lot of questions you will have to answer in order to proceed.
If you had a Marital Settlement Agreement, why was the business not included in the final property division? Was the business valuation included on your ex-spouse’s final financial disclosure statement? Did you indicate to the judge at your final divorce hearing that you were satisfied or in agreement with the final property division though it did not include your spouse’s business?
The court will want to know why you are trying to amend the judgment to include the business valuation several years after your final divorce hearing.
If you do proceed with this motion, you will have to reopen the entire property/debt division as the valuation of the business will certainly play into the ultimate agreement. This matter may not be final, but you will certainly have to provide a good explanation of why you are now trying to open up your case again.
I cannot inform you as to the state’s specific laws and I suggest that you seek advice from an attorney in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide.
Trisha B. Festerling is an Associate Attorney in the Milwaukee, Wisconsin office of Cordell & Cordell where she practices family law exclusively. Ms. Festerling’s practice is focused on men’s divorce, child support, child custody, paternity and modification. She is licensed in the state of Wisconsin. Ms. Festerling received her Bachelor of Science degree in Criminal Justice with a focus on Political Science, Magna cum Laude, from the University of Wisconsin – Milwaukee. She received her Juris Doctor from Regent University School of Law in Virginia Beach, Virginia.
