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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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I have been divorced years, at the time my wife did not want

Customer Question

I have been divorced for 15 years, at the time my wife did not want Anty of my retirement and that's what we settled on, now she wants to take me back to court to get some of my retirement when I retire. Is this possible !
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.

A few minutes please as I'm still looking into this for you. Thanks for your patience.

Expert:  LegalGems replied 2 years ago.

Thanks for your patience. A dissolution decree (divorce) is a final court order. The court will not allow for its modification unless there is a substantial change in circumstances. Even if that is the case, they generally will not review property division or debt division; rather they would reconsider spousal/child support, or custody/visitation. A decree is final in most instances, unless a party can prove improper disclosure, fraud, etc. Public policy considerations encourage the finality of judgments; there is an appeal process in case the judge made a legal error- however, 15 years is substantially past the time period allowed to appeal a case! As such, unless there was an issue as mentioned (fraud) there would be no basis for a modification request; even if there was improper disclosure, if the court felt that the spouse seeking modification did not discover it in a reasonable time, they will typically deny the request, again because of equitable concerns and the finality of judgments. I could not find any case that did in fact allow for modification after 15 years.