Is there statue of limitations for filing motion to re-open a divorce because my spouse committed fraud by hiding assets?

UPDATED: Oct 1, 2022

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Is there statue of limitations for filing motion to re-open a divorce because my spouse committed fraud by hiding assets?

My ex-spouse filed divorce papers just over 6 years ago in AZ. He never told me; I found the dissolution of marriage online. In the papers he stated that we acquired no assets during the marriage. However, I have documents that are signed and notarized stating that I own 50% of the property. He stated he did not know where I lived to serve me papers. Yet, he moved me there, kept his tools there and painted my bedroom, as well as he even came over to visit. Can I file a motion to re-open the case due to his fraud? What is the first procedure?

Asked on November 12, 2018 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

This is your lucky day! Florida does not have a statute of limitations for divorce decrees. This means that a court is free to reopen the divorce case in certain circumstances, and this is one of them.  However, understand that the evidence must be clear and convincinv and I am hoping you have not waited too long sicne you have found out.  Gather the proof as you say but file a Motion for Relief From Judgment or to Set Aside a Judgment ASAP.  The fact that you were never served is also a reason here besides the fraud.  Good luck.

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