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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17888
Experience:  B.A.; M.B.A.; J.D.
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Hello this is related to divorce in Arizona. If assets are

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Hello this is related to divorce in Arizona. If assets are discovered after the final divorce decree is issued, and it is determined that the petitioner stole and/or hid assets from discovery, is there any legal recourse for the respondent?
If yes, what is the statue of limitations?
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Hello this is related to divorce in Arizona. If assets are discovered after the final divorce decree is issued, and it is determined that the petitioner stole and/or hid assets from discovery, is there any legal recourse for the respondent?


Response 1: Yes. Respondent can file Complaint to reopen the case to divide the assets that have been discovered.


If yes, what is the statue of limitations?


Response 2: 3 years. See Arizona Revised Statutes Title 12 Section 12-543 subsection 3:



http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/00543.htm&Title=12&DocType=ARS



12-543. Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation

There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions:

1. For debt where the indebtedness is not evidenced by a contract in writing.

2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to the bringing of an action thereon.

3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

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