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, Attorney
Category: Family Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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 ?

This answer was rated:

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.
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 4 years 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.
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 4 years 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?
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 and other Family Law Specialists are ready to help you
Customer: replied 4 years 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 ?
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.

Related Family Law Questions