Question:
I believe my ex-spouse lied to the court during the divorce proceedings about the value of a family trust.
What are my options to revisit the property division to prove my ex misled the court?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.
In general, if you had proof that an asset that was awarded to your ex-spouse is in fact worth more than what was disclosed, you would be able to file a Motion to Reopen the Judgment of Divorce or a similar type of request to the court to revisit property division or support.
This type of motion can be brought before the court after the divorce judgment has been entered if you can prove fraud, misrepresentation of material facts, or any other type of bad faith showing on your ex’s part that significantly affects the outcome of the case.
If the court found that your ex-spouse lied under oath, a judge may impose sanctions that he or she feels are appropriate plus further relief as the court deems necessary, which may include modifying the original division of assets or determination of support.
Should I Appeal My Divorce?
What evidence do you have that the trust is worth more than represented to you and to the court at the time of your divorce? Is your knowledge based on hearsay or gossip or have you encountered a document that proves your claim? Was the value accumulated post divorce or prior to the divorce?
When you meet with your family law attorney, he or she will inquire further regarding the basis for your belief that your ex lied regarding the value of the trust at the time of the divorce. There may be timelines for addressing this issue. Therefore, I encourage you to contact an attorney right away.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.
