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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can a divorce case be re-opened if it was awarded based on

Customer Question

Can a divorce case be re-opened if it was awarded based on fraud? The grounds of divorce was based on a 1 year physical separation which was completely untrue. We have never ever been separated and the divorce was pressured to help someone else with an immigration case. Wife was in depression medications due to the pressure to go forward with divorce and now regrets having done so. There is plenty of proof that now ex-husband never moved out of the family home including pictures and even other court documents received certified during the period he claimed to have moved out
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.

Thank you for your question.

The answer very much depends on what specifically is being re-opened. The actual divorce cannot be reversed, and that is something that neither party can re-visit. However revisiting potential alimony and marital shares of the estate, of those shares were split due to fraud and misrepresentation of one of the parities, is very much possible. In terms of fighting the separation itself, that is something the courts would not really review, I am afraid, but reviewing the financial split is something the courts may choose to re-evaluate.

Good luck.