Fraud Statute of Limitations issue

[chitown]

What is the name of your state? FL

The statute of limitations for claiming fraud, other than in financial statements, related to a provision in a divorce decree is 1 year. My question: What if the execution of a provision in a divorce decree is (purposely?) delayed for over a year and the fraud is discovered when the execution of the provision is initiated? Any thoughts/experiences with this issue? Thanks in advance.

 

[LdiJ]

What is the name of your state? FL

The statute of limitations for claiming fraud, other than in financial statements, related to a provision in a divorce decree is 1 year. My question: What if the execution of a provision in a divorce decree is (purposely?) delayed for over a year and the fraud is discovered when the execution of the provision is initiated? Any thoughts/experiences with this issue? Thanks in advance.

Your question is really to vague to get a serious response. The details matter.

 

[Gracie3787]

What is the name of your state? FL

The statute of limitations for claiming fraud, other than in financial statements, related to a provision in a divorce decree is 1 year. My question: What if the execution of a provision in a divorce decree is (purposely?) delayed for over a year and the fraud is discovered when the execution of the provision is initiated? Any thoughts/experiences with this issue? Thanks in advance.

The SOL mentioned in Fl Rule of Civil Procedure 1.540 begins to run the date the Judge signs the order. Although it may take weeks or months for an order to be executed/recorded, in alleged fraud cases the courts have consistantly ruled that the date the order was signed is the date used to determine time limits.

I remember your situation and I understand how you feel, but you are almost certainly beating a dead horse, and wasting your time and money because the Fl courts simply will not set aside or change a court order due to fraud. I don't know why, but it's the very sad reality in Fl.

 

[chitown]

Thanks Gracie, am finding your conclusion being more and more correct each day. Why do I believe Courts wont allow fraud to be used as a means to reevaluate an order is nothing more than a fraternity member preservation unwritten rule. After all, judges were practicing attorneys at one point and allowing fraud to be utilized against the opposing party could be interpreted to stating OC participated and/or was a co-conspirator in the fraudulent act(s). (At least in my case it would be concluded as such) Allowing minimal, or not materially damaging alleged fraud, could be very damaging to an esquire's career.

Maybe I should file a complaint with the State Board, or is that a regulatory agency in name only, unless gross negligence or criminal acts are alleged?

The bottom line is from the beginning of our separation through the divorce case and resulting order I have always tried to be fair and thought this attitude was a two way street. I never thought to double check figures she presented as I thought that was my attorneys duty and she would not provide an improper figure purposely anyway. Now, I find my atty did not verify reported figures that she provided. It is a sad revelation that you can't trust anyone. Get it in writing and double check is the lesson.