After 2 years, your options may be limited. However, an experienced attorney can help you understand your legal position. You should get a legal consultation right away.
You might be able to set aside the divorce based upon CCP 473 but after 2 years, this would be difficult. It also depends on how the judgment reads. You need to see an attorney.
Any property that was not disposed of in the divorce action can still be divided now. In fact, if she concealed assets, the assets can be divided now and from her share, she can be penalized and ordered to pay you sanctions.
OSCAR E. TOSCANO
Family Law Attorney in Los Angeles
I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.
You will have an uphill battle. Although, if she did hide assets or commit fraud in dealing with you during the initial settlement/disposition you may be able to change those agreements. However the burden of proof will be on you and in order to protect your rights at this point, you should consult an attorney who can go over your settlement papers.
This advice does not create an attorney client relationship and should only be used for informational purposes. You are advised to speak with an attorney in person. This advice is not to relied upon to make legal decisions and is only intended as an advertisement for the law office.
You will need to consult with a divorce attorney as soon as possible in order for the attorney to make an assessment about your situation. You assert that you did not have resources to defend your position at the time, but you state that she literally got everything. It appears that there were community resources. However, you could have petitioned the court to have her pay attorneys' fees at the time. It is important for people to consult with a divorce attorney when going through dissolution proceedings. People assume they know the law. They think they may not be entitled to certain property, etc., and find out later that things could have been different.
Perhaps there are errors in her paperwork. Perhaps she did not make a full disclosure to you. There might be options, but you are facing an uphill battle.
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