What is the procedure to reopen a divorce case?
The moving party will have to prepare very detailed motion papers, and submit an excellent legal brief to convince a court to consider the motion to reopen the divorce case. Moreover, the ex-wife will have to submit a new CIS. In my experience, the success or failure of this type of motion largely is determined by the quality of the motion papers, and by the individual judge. If the motion papers are substandard, then your chances of prevailing on a motion to reopen are less than 1%. If the court believes that you have strong merits to reopen a divorce case, then the court will schedule a plenary hearing. At the plenary hearing, witnesses will testify, the court will review the financial information, and the original divorce documents. The court will assess whether it if fair and reasonable to reopen the divorce judgment. A common issue is whether the husband intentionally concealed assets during the divorce proceedings. The court will assess if the husband intentionally committed a fr
