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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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What are the chances of success, in your opinion, to petition

Resolved Question:

What are the chances of success, in your opinion, to petition the court to re-open my divorce and modify the settlement of property? I have a club membership with direct buy with my ex. It was neglected to be mentioned in the divorce. My ex has now removed my name from the membership.
Submitted: 6 years ago.
Category: Family Law
Expert:  socrateaser replied 6 years ago.

Property omitted from a final judgment of dissolution may be later divided by the court. See, e.g., Dewbrew v. Dewbrew, 849 N.E.2d 636 (Ind.App. 06/20/2006).

 

So, there is no procedural roadblock to your obtaining a decision over tthis issue. The court has the legal authority determine your rights in the membership.

 

I can't speculate on odds of a particular outcome of the disposition. There are too many variables. Perhaps if your ex knows that you are prepared to fight over the issue, he will agree to some sort of settlement, knowing that litigating the matter may be more costly than the membership itself.

 

Hope this helps.

 

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