Former wife was not entitled to modification of the parties’ final judgment of divorce based on former husband’s failure to disclose over $500,000 in assets, even though the parties’ property settlement agreement (PSA), which was incorporated into the final judgment of divorce, provided that the failure to disclose material information would be a basis for modification of the final judgment of divorce; former husband’s financial statement listed a retirement account valued at $420,000 and investments valued at $116,526, former wife admitted that she did not look at former husband’s financial statement, and that the couple’s financial documents were in binders in the couple’s shared closet but she never looked at them, and former wife’s lack of knowledge did not equate to a finding that information was withheld from her or that fraud was committed on the court.
(Ed. note: The wife also moved to set aside the judgment on the basis that a single attorney represented both the husband and the wife. This opinion is hard to stomach, imho.)
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com