What constitutes fraud in divorce?

What is the name of your state? Virginia
My husband was divorced a few years back (his ex was having an affair and filed for divorce so she could marry the guy). He was very devastated, and depressed dealing with that and death of his Mother around the same time. He did not get a lawyer and let her have everything,after paying off her credit card debts that she had lied about. He let her do whatever she wanted to do in the divorce. He also did not ask for his portion of the retirement account that she contributed to for most of their 20 years together. She was in a big hurry to get remarried and lied about when they separated. She got the divorce only a month after they actually separated,(when the house sold). Does this constitute fraud? If so, does he have a case in trying to get what he should have asked for in the first place?

Annama said:

What is the name of your state? Virginia
My husband was divorced a few years back (his ex was having an affair and filed for divorce so she could marry the guy). He was very devastated, and depressed dealing with that and death of his Mother around the same time. He did not get a lawyer and let her have everything,after paying off her credit card debts that she had lied about. He let her do whatever she wanted to do in the divorce. He also did not ask for his portion of the retirement account that she contributed to for most of their 20 years together. She was in a big hurry to get remarried and lied about when they separated. She got the divorce only a month after they actually separated,(when the house sold). Does this constitute fraud? If so, does he have a case in trying to get what he should have asked for in the first place?

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I am assuming that in Virginia there is a required waiting period from time of separation to time of filing divorce. If that is correct then she did commit fraud, BUT, unfortunately your husband should have raised that point at that time. My guess is that a court will ignore that for 2 reasons- 1- he didn't object and 2- his knowledge of fraud and lack of TIMELY objection makes him as guilty as her.

Unfortunately, the court doesn't care about his reasons for not fighting for what he wanted then or the alleged fraud (very very minor fraud) so going to court for those reasons would be a waste of time and money.

Depending on what the order states, your husband could try filing for a modification of the order. But he should consult with an attorney first to make sure that he has legal standing and a chance of winning.
Sorry to be the bearer of bad news, but I wish you luck.