Can I re open my divorce and now get alimony after 5 years of being divorced?

Asked about 2 years ago - Hartford, CT

he was a very abusive man mind controlling mentally abusive physically abusive. when I divorced him in 2007 he threatened me that if I got a lawyer and I tried to go for alimony he would make the divorce last 5 years and make my life miserable every single day. he was already seeing someone that year since July of 2007 and choking me stalking me trying to find out if I was seeing someone before we got divorced. this man for the first 8 years of our marriage cheated on me gave me an std and in the results my son came out mentally retarded and I had a hysterectomy. I went through a lot with this man and because he threatened to make our divorce last 5 years and make my life miserable, I knew what that meant. Can I now sue for alimony?



divorced

Attorney answers (3)

  1. Max L Rosenberg

    Pro

    Contributor Level 11

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    Answered . I am a Connecticut and New York licensed attorney with my offices in Stratford, CT. I agree with Attorney Norriss. This is an excellent example of exactly why you should at least consult with an attorney to understand all your rights at the time of any important engagement or binding contract. Even if you had not retained an attorney, one consultation or meeting might have saved you from making this terrible mistake. Had you even put in one dollar as annual alimony and even made it reciprocal, the door would have remained open allowing you to modify this agreement. I should also mention I am a huge proponent of divorce mediation, where two parties hire on attorney to help mediate through a divorce settlement agreement and its negotiations. Attorneys have an expertise that the average lay person attempting to manage their own file just can not compare to. Good luck in the future.

    We can be reached at 203-870-6700. Our web address is: www. rosenbergandpress.com. Answers on Avvo are not to be... more
  2. Christopher P Norris

    Contributor Level 14

    2

    Lawyers agree

    Answered . Sadly the answer is no. If you were divorced in Connecticut and did not receive alimony at divorce then the door is closed forever even in such egregious circumstances as yours. The judge would have had to find you were not under any duress when the judgment entered and i doubt that finding can be changed 5 years later.

    This information provided is in the nature of general information and in no way creates an attorney client... more
  3. Bruce S Gordon

    Contributor Level 10

    Answered . I agree with the other attorneys here. Unless you get it at the time of the divorce the answer is no.

    HOWEVER, I have gotten case judgments opened and gotten alimony years later but only under very special circumstances. The case involved a matter where there was fraud. In that case we proved that the man knowingly faked service and thus the divorce itself was not valid.

    Short of a very special set of circumstances that would call the validity of the initial judgment there is no way to get alimony at this late date.

    This not legal advice which can only be given after a full disclosure and discussion regarding your particular... more

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