Full question:
can I go back to court after the divorce has been for 6 years, for fraud, tax fraud,hidden banking accounts, failure to disclose many many assetand other accounts, taking my name off all assets long before divorce & planning what he would do if I found out,pretending to be a virgin having a child before marriage and hid it for over 20 yrs., sexually transmitted disease causing cervical cancer, hide the check book for years telling me I was to spacey to have a check book or deal with money,tried to make me believe I was going crazy, giving me date rape drugs to molest me, spreading rumors that I was on drug who can not take care of kids, trying to turn my kids against me by telling them horrible lies, trying to kill me 3 times and have his journal that states.... Divorce Never Just murder' tapping in on water from golf course getting bills for 18000 from after divorce and him paying 65$, And the most horrible abuse one could ever imagine !! And still is trying to harm emotionally and on money issues, etc ...... need help ..... not making it !! took years and still working on post tramatic snydrome.
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Utah
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
A statute of limitations applies to criminal charges. In Utah, the statute of limitations for most crimes isn't longer than 5 years. Please see:
http://law.findlaw.com/state-laws/criminal-statute-of-limitations/utah/
Many of the issues you raise are typically raised in the divorce proceeding as a fault basis for the divorce. There is a deadline for filing a notice of appeal in a divorce case, which has long passed after 6 years. Whether the court would extend the deadline based on fraud is a matter of subjective determination for the court, based on all the facts and circumstances involved. I suggest you contact alocal attorney who can review all the documents and facts in your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
