My husband falsified our separation date on our divorce paperwork. I sent both him and his attorney about the incorrect date and home and 401k.. Via email on the first complaint. The separation date is 45 days difference. We have a support order in which he signed and it stated the correct date. He also forgot to mention we own a house which he has not contribute as of 11/14. He also didn't inform the court of his 401K. I sent my counter affidated on time, but the courts never recieved it. The day the affividate was due I left for a treatment center and had no access to phone or computer until after the divorce decree was signed by the judge. I resent the affividate with these issues a couple days after the divorce decree was signed. I didn't know when I sent the divorce was final. Do I have a good complaint. I don't want the divorce overturn, just modified to include the house and 401K. Also I had PAL and wasn't able to ask for alimony.
If there is a marital separation agreement, you may be able to modify it but only by a new agreement. If sounds like there was no agreement. It sounds like the decree was entered without the court addressing the property issues and you did receive the notices indicating the deadline to present those to the court. A long shot possibility to re-open the case would be a petition for special relief, with very good cause shown .
This answer is meant to be informational and does not constitute legal advice.
You would need to petition the court to re-open the case, however I suggest meeting with an attorney so all of the key facts can be explored.
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