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I was divorced in Minnesota in 2009. I just became aware…

Customer Question
I was divorced in...

I was divorced in Minnesota in 2009. I just became aware that I am entitled to a portion of his Railroad pension but was not made aware of it until now. Will a Minnesota court reopen the divorce due to this mistake?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes & she is trying to talk me out of going to court on the grounds that the court maynot reopen & I have to make a decision if we are going to court Monday!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It is so messed up I don't know what to say

Submitted: 4 months ago.Category: Family Law
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11/29/2017
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. Generally, the answer to your question is yes. If you petition the court to open up the case again to request additional access to the pension, then the court will open it back up and determine whether you are entitled to this pension money as you claim, and if you are, they will grant you the money. They will likely enter in a qualified domestic relations order, which orders the railroad pension to direct some of those funds to you or they will order that if he starts drawing from the pension, a certain amount goes to you either in a lump sum or a full amount. What other questions did you have for me today?

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Customer reply replied 4 months ago
His lawyer is implying it will only be reopened due to fraud, not due to the fact that I was made aware. Is this correct
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

That's not necessarily true. If this was property that was obtained during the course of the marriage, then it is something that you could petition the court to look into. Fraud is something that the court would consider; however, if there is property that was left undistributed, then you can still request that you get a portion of it. Plus, if your husband was aware of the pension, but didn't say anything, that's fraud anyway.

Did you have any other questions fo rme?

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