Statute of limitation


#1

We invited my ex wife for Thanksgiving. During her visit we caught her snooping around. Later I received an email from her stating that she intends to reopen our divorce as she feels that many thing in our home belong to her. In addition she is asking for the case being reopened as she feels that there was uneven distribution of property. We got divorced on May 21 2009. The divorce was agreed and signed by her attorney and mine , as well as the both of us. From the date the final divorce hearing was held, till the divorce was final she had two months to dispute or object our final divorce papers. No objections were made. Now 2.5 years later she tell me she found a lawyer (in New Hampshire, were we lived when we got divorced) who said he could reopen the case and get her alimony (The court had specifically denied this because she had committed purgery) I have supported my 4 children, with not a penny support from her. She further states that she will take me to court in NH, and financial ruin me, she wrote; “ I know that you don’t have the means to fly and go to court in NH, you don’t have enough vacation days to fight this, so I am sure you will get fired”, (who will take care of the children?). She will claim that she is a resident of NH. The fact is that 4 weeks ago she moved to Raleigh, and works here as a nurse. She refuses to become a resident because changing her driver’s license is too difficult she claims.

My questions are what is the statute of limitation for a divorce, isn’t it final on the day of issue. Is there anything I can do to stop these frivolous law suits? Could I counter Sue?


#2

If your divorce was final under New Hampshire law, then you’d need to consult with an attorney there about her re-opening the ED claim. See if you can arrange a telephone consult with an attorney there to be prepared on how to respond if she does file a lawsuit. In North Carolina, she would be estopped from pursuing or modifying ED that has been finalized since the divorce is final already, but I do not know what New Hampshire law says about it. Keep all of her emails about this case in the meantime.