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acmoler, Attorney
Category: Family Law
Satisfied Customers: 105
Experience:  Juris Doctor Degree, Advanced law degree in Taxation, over 21 years of experience
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I and my ex husband were divorced through mediation in 2003.

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I and my ex husband were divorced through mediation in 2003. At the time of our divorce, I was very traumatized from everything that had been happening in our marriage and was pretty much told by my husband not to get a divorce lawyer - I have a mental illness that was already diagnosed at the time of our divorce, but when I was asked to tell the court commissioner if I was healthy and able to work for the rest of my adult life, I said yes and my ex was ordered to give me 200 a month for 8 years regardless of my situation, and he was to take on the responsibility of paying off any of our debts, and I got 27,000 from his 401k. This was after 20 years of marriage and raising 2 sons with him. I have since gotten lots of help, counseling, am on disability, am remarried to a man who does not make very much money at all (most of his goes back to his exwife) and I am wondering if there is an chance of my case being reheard? Thank you.
Submitted: 8 years ago.
Category: Family Law
Expert:  acmoler replied 8 years ago.

Thanks for giving me the opportunity to assist you with your question through JustAnswer. I am not a Wisconsin attorney but I can give you some general information of how this usually works. The system does not want litigants to have a change of heart and to be able to reopen an old case that has been settled. The general rule is that after a case is finished you can’t reopen it unless there is fraud by one of the parties of some unusual situation. Unfortunately, because you had the opportunity to fully litigate your case before you made any agreement with you ex-husband you probably cannot reopen your old divorce case when you were ordered to receive what appears to rehabilitative alimony (set payments for a period of time). Unless you can prove that were so ill that you did not understand what was happening is very unlikely that the case could be reopended. Some types of alimony are subject to being modified after your case is over. Without knowing exactly what your final judgment stated I can’t tell you what type of alimony was awarded. In most states, even if you have grounds to reopen a case, there is a maximum time period you have to do so. In Florida for example, the time is one year from the date of the final order. I can’t tell you what the time period is in Wisconsin. The best I can advise is that if you have any interest in reopening your case you need to seek the advice of a Wisconsin attorney immediately. I hope this helps with your situation. Please select "accepted" so that I can get credit for my reply to your question. Also, positive feedback is appreciated. Have a follow-up question, Just ask. Good luck!

Best Regards,


PLEASE NOTE: The responses made here are for information or education purposes only, and are NOT to be considered legal advice and do not form an attorney-client relationship. Only licensed attorneys you hire in your state can provide legal advice.

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