LOS ANGELES: Can Jamie McCourt win motion to “set aside” divorce settlement from ex husband Frank McCourt?

But even assuming there was a mutual mistake or even fraud, can Mrs McCourt set aside the settlement? It depends more than likely on the language used in the settlement. Did the lawyers leave wiggle room to reopen in the event of changed circumstances? Did she waive all future rights? Was there actual fraud and misrepresentation? Did Mr McCourt know at the time of the settlement that the team was worth $2 billion dollars? Did Jamie’s lawyers perform their due diligence during the discovery process? There are so many questions, so many factors that could tip the scales in this situation. But stand by till November for an update. This apparently is when the case for a set aside will be heard in California Superior Court.

How to re-open a divorce case & set aside divorce judgment due to fraud and perjury after the statue of limitations has run?

HOW TO RE-OPEN A DIVORCE CASE AND SET ASIDE A DIVORCE JUDGMENT Usually, after a judge signs a divorce judgment, it’s res judicata and you can’t go back and mess with stuff. But with divorce and family law cases, nothing is every really res judicata (especially support and alimony matters). That is why the judgment […]

Divorce-tax fraud: Over-stating taxes and other tricks

DIVORCE TAX FRAUD: OVER-STATING TAXES AND OTHER TRICKS Has your spouse used the tax system to defraud you out of money you should have gotten in your divorce settlement? Here’s one trick to look out for: some spouses (the one who is smart about money and taxes) “over-state” their income for that year they are […]