How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26630
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Can I re- open my settlement due to recent discoveries ?

Customer Question

It had been less then a year since my ex and I reached a mediation settlement for our divorce. At that time I had no knowledge of specic event that have unfolded since. My ex lied on the discovery paperwork and did not provide all I formation due to he and his lawyer were trying to keep his infedelity under wraps. Less than 51/2wks after the final papers were signed he informed my grown son that in 6 months he would be moving in with the person and with her two children. I just found out about this 7 months later as my son felt I should know before my ex took off to Fla. there are also funds that now have come to surface that are being spent. Do I have the right to go back to court to re-evaluate the settlement due to the recent discoveries? And if so can he be charged with fraud for lying about financials and the questions on discoveries about infidelity? I live in Georgia.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question, but I'm sorry for your trouble with this.

If your ex lied to you and the court about his financial information, then that would give you grounds to try and set aside the settlement based on fraud and misrepresentation.

The fact that he had a relationship that wasn't disclosed is also an issue, but it's not as relevant to the court if the divorce was based on irreconcilable differences. This is so because adultery wasn't raised as a ground for divorce (because you didn't know), and it would not likely have made much difference in the property division agreement anyway.

However, the main issue is that he misrepresented his financial information to the court and you, and that the settlement was based on falsehoods provided by your ex, which should give you grounds to seek a modification.
Customer: replied 1 year ago.
So the savings account and credit card he did not provide on discovery before we settled is grounds to fraud. He also on his financial affidavit lied about his total income as fuel and vehiclereimbursement were not list nor his bonus. Those he deposited in the a count not listed. Per my estimate there is a substantial amount of money he brought down to Florida to his girlfriends right before he moved out.
Expert:  Roger replied 1 year ago.
Yes, you can allege fraud and misrepresentation due to his failure to disclose information and if he misrepresented some of the numbers/amounts that were disclosed.

You should consult your attorney about getting a motion to set aside filed as soon as possible.
Customer: replied 1 year ago.
Is there any certain length of time that I have to do this? And now that he lives in Fla, do I have to file anything g in that state or does everything stay in the courts here?
Expert:  Roger replied 1 year ago.
The statute of limitations for fraud is 1 year in Georgia. Also, the ability to set a side a court order (which would include a court-approved settlement agreement) is generally 6 months, but can be extended to 1 year if the information was not discoverable/available - - thus, you have a limited time to take action.

Thus, you should get something fled regarding this asap.

Also, you can still file in the same court in Georgia as jurisdiction remains with that court since you're still a resident there.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26630
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your assistance. It is still processing the payment from what I can see on my end. Will it send me an email when the transaction is completed ?
Expert:  Roger replied 1 year ago.
Hi -

We don't deal with that part of the site, but you can click the "Help" button below and customer service can tell you how that works.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney