Can you re- open or overturn a collaborative divorce if fraud was found after the fact

Asked over 1 year ago - Menomonee Falls, WI

my divorce was collaborative but after the fact I found my x had started another company while we were married and did not disclose it. He was very careful NOT to generate income until the divorce was final. I also have come to suspect that he was cooking his books to hide other assets and the company we owned was never properly and fully appraised. can I re-open the case and investigate ALL his books from that period and /or up to this point in time. And if so, who do I contact?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . Fraud is one way to void a divorce agreement. I urge you however to bring your evidence of same to a local divorce attorney for review to ensure you have a valid fraud case. Best of Luck to you.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Nicholas C. Zales

    Contributor Level 13

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    Answered . Yes you can move to reopen the case, conduct discovery and seek a new judgment and sanctions against your ex if you can prove he concealed assets. In Wisconsin modification is clearly permissible and warranted when the original decree was based on significantly incorrect or fraudulent information. Because the law provides requires the parties to provide full disclosure of assets and liabilities, providing incorrect information to conceal assets is a fraud on you and the court. If proven, the court can impose significant sanctions. I offer free consultations and have experience with cases involving concealed evidence.

  3. Nicholas J.B. Pasquale

    Pro

    Contributor Level 12

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    Answered . I agree with Attorneys Lewis and Zales. Also, regardless of whether the divorce was collaborative/adversarial, or was stipulated/contested, you can move to vacate a judgment based on allegations of fraud or misrepresentation. See sec. 806.07 of the Wisconsin Statutes for the specific grounds and procedure on seeking Relief from Judgment. Good Luck!

    My answer does not automatically make me your attorney or create a former-client/current-client relationship with... more

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