August 2, 2024
ShareKelley Kronenberg Secures Significant Victory in High-Stakes Divorce Case
Partners/Business Unit Leaders Tracy Newmark and Natalie Kay, with crucial support from Paralegal Bermalin Arias of Kelley Kronenberg’s Family Law Division, have achieved a significant win for our client, successfully reopening a case that had been closed for three years. This victory, which underscores the importance of financial transparency in divorce proceedings, also showcases our team’s tenacity and reinforces our commitment to justice and fair outcomes for our clients.
Our team represented the Petitioner/Former Wife in this complex case before Magistrate Stephanie Matalon of Florida’s Seventeenth Judicial Circuit in and for Broward County. The case centered around the dissolution of a 21-year marriage, during which the Former Husband had maintained control over all financial matters throughout the relationship.
Our team uncovered a critical issue: Former Husband’s financial affidavit, filed during the original proceedings, failed to accurately disclose his earnings, assets, and liabilities. Based upon this misrepresentation the parties entered into a settlement agreement that was unfavorable to our client. Recognizing the injustice, our attorneys moved to vacate the final judgment and settlement agreement three years after it was entered, citing fraudulent financial disclosure.
The Respondent/Former Husband attempted to deflect his failure to accurately disclose his finances, assets, and liabilities by claiming Former Wife’s financial disclosure was also inaccurate, suggesting both parties were equally at fault. However, our team’s thorough preparation and compelling arguments prevailed. Magistrate Matalon agreed with our position, emphasizing a crucial legal principle: there is no time limit to vacate a final judgment based on fraudulent financial disclosures in family law cases.
This ruling has far-reaching implications, as it reopens discovery back to the time of the intact marriage. It paves the way for:
- A proper equitable distribution of assets
- An accurate determination of child support
- A fair reassessment of alimony forms and amounts
- The potential for recovery of Former Wife’s attorney’s fees and costs
This case serves as a powerful reminder of the importance of full and accurate financial disclosure in divorce proceedings. It also highlights our firm’s unwavering commitment to pursuing justice for our clients, no matter how challenging the circumstances.
Learn more about Florida family and marital law by reading Kelley Kronenberg’s Family Law blog. Click here: https://www.kelleykronenberg.com/category/blog/family-law/