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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I have been divorced sinc 2000. During the the divorce I was

Customer Question

I have been divorced sinc 2000. During the the divorce I was down-sized from an executive position, Lost my boat dealership due to an embezzling partner, and my father died. Plus I was accused of theft which was actually my partners doing. I was under extreme duress, depressed, and was taking several medications to just keep going. I was NOT capable of making my own decisions. My ex-wife during the the same period inherited over a million dollas from her mother's estate which she she used a great deal of to pound on me w/the best atty she could find. She got ALL my possesions ( even my personal and pre-marital items) 75% of 401(K), 1/2 the house and all the furnishings, boats, motors, snowmobiles, all the lawn tractors,you name. I got a desk and a hide-a-bed.
What chance do I have of recovering at least some of my 401(k) and my personal items.?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is Kirk and I'm a Family Law litigation attorney. I'm very sorry to hear for your trouble, and I can understand the distress you were under at the time.

How long has it been since the court awarded your ex part of your 401(k) and your personal items?
Customer: replied 1 year ago.

Since April of 2000

Expert:  Roger replied 1 year ago.
Under the current Minnesota law, a party only has 60 days from the date a divorce Judgment and Decree was entered to notice and file an appeal. Here's a link that you can read further: http://www.fiskumlaw.com/blog/?p=41

There's an outside chance that you can appeal a decision for up to 1 year based on some type of mistake or fraud. Here's the rule:

60.01Clerical Mistakes
Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time upon its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected with leave of the appellate court.
60.02Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or the party's legal representatives from a final judgment (other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just for the following reasons:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released, or discharged or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (a), (b), and (c) not more than one year after the judgment, order, or proceeding was entered or taken. A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

However, you are way past that timeframe. Thus, it's not likely you have any grounds to challenge any of this now.

IF you were paying spousal support, it would be possible to seek a modification of that, but since this was a property division, it looks like you're out of time.

I really hate to be the bearer of bad news, but I don't see a way that you could get around what has been in place for 13 years.

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