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I was divorced Feb 9, 2009 in Chicago. The marriage settlement agreement has not been honored, my ex lied about her financials.

Chicago, IL |

is there a statute of limitations for divorce in IL? my ex rec'd a large cash amount in december 2008,did not disclose correct bank acct info.

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Attorney answers 6

Posted

You will have a very difficult time resurrecting a divorce agreement from six years ago. However, there are factors which may justify modification or reconsideration. You should speak to your original attorney or contact another family law practitioner for specific advice and guidance. Bring all of your paperwork with you to your appointment.

Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.

Posted

This will be a very difficult issue to address, and it will be very fact specific. In addition, it will depend on the amount of the "large cash amount" your ex-wife received. Please consult with an attorney as soon as possible, and as Ms. Goldstein stated, bring all of the previous Orders and the MSA to said consultation.

Best of luck.

The question you have submitted to Avvo.com is to a public forum. As such, there is no attorney-client privilege established. Further, any answer provided to your question does not form an attorney-client relationship between yourself and Anthony R. Scifo. Any answer provided is not intended to be legal advice, and is provided for general educational purposes only. Further, please be advised that there may be additional information not disclosed that may change or alter the general answer provided. For any and all legal questions you may have pertaining to your specific case or set of circumstances, please consult with an attorney.

Posted

It is not going to be easy for you to vacate or modify your divorce judgment from 2009. Having said this, it is not impossible either. What you are going to need is an attorney to help you do this. Make an appointment with an experienced family lawyer in your area as soon as possible.

Posted

If she received an inheritance that is non marital regardless if it was disclosed. The only significance it would have is if you are paying maintenance and her non marital assets were it disclosed. Go in for a consultation.

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Judy A. Goldstein

Judy A. Goldstein

Posted

There was no mention of an inheritance.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Oh I know I just suggested that because often that is what people are talking about when receiving large amounts of money. Mi suggested because I though he might have left that fact out.

Posted

What do you mean, the "agreement has not been honored"? Do you mean that over the last five years you have not gotten to see your children? Not been paid? If you're looking for back maintenance, child support, etc., there are a variety of options available to you. You would need to talk to an attorney on this matter in far greater detail to see what those options are.

If the divorce settled out in 2009, opening it up would require a lot of factors that will require a certain set of facts in your favor. Again, I strongly suggest taking this matter to an attorney and walking them through what specifically you're seeking and what the facts of your case are.

Posted

I am not so pessimistic as the others. But, you must act immediately if you have any chance of opening up the judgment and possibly getting a chunk of the undisclosed money. Generally, you have two years from the time the fraud (here your ex's alleged failure to disclose) is discovered. There are lots of variable here, so, as we say in the legal community "do not sit on your rights." Contact a lawyer immediately to discuss the case. And do not rely on the two year window and wait! It could be argued you could have found out about the fraud earlier, and THAT'S when the clock might be considered to have started ticking. So, RUN, don't walk, to an experienced matrimonial lawyer to discuss this. And discuss enforcement of provisions that are not being followed now, too.

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