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Once the final decree has been granted the terms of the divorce are final, they cannot be amended. If one of the party's found out after the decree was granted that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to. Child support, and visitation issues are handled differently then are property and debt settlements and can be amended or rescinded. Spousal maintenance generally cannot be amended unless as stated the obligated spouse withheld information or hid assets that would have had a bearing on the final decision.

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16y ago
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11y ago

21 days - unless there is proof of "extrinsic" fraud. Virginia Supreme Court Rule 1:1 reads:

All final judgments, orders, and decrees, irrespective of terms of court, shall

remain under the control of the trial court and subject to be modified, vacated, or

suspended for twenty-one days after the date of entry, and no longer.

Extrinsic fraud does not mean merely lying or perjury, nor misrepresentations, nor intrinsic fraud, nor "to matters that could have been raised during the divorce proceeding."[5] It must involve "collateral ... circumstances" such as:

  1. "bribery of a judge or juror,"
  2. "fabrication of evidence by an attorney,"
  3. "preventing another party's witness from appearing,"
  4. "intentionally failing to join a necessary party," or
  5. "misleading another party into thinking a continuance had been granted...."[5]
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11y ago

You need to consult with the attorney who represented you at the time of your divorce who can review your particular question and explain your options. The terms of a divorce decree are final. The answer to your question depends on the nature of the provision in question and what you mean by "reopen". For example, if a party was ordered to convey their interest in the marital real estate, there is no statute of limitation running if they do not execute the deed.

Some states (Louisiana is one) do allow a period of time after the divorce is final for either party to repeal or contest the property settlement. In Louisiana it's five years, but since it does vary in the different states, you need to contact your attorney to learn what the laws on it are in your state.

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12y ago

Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification.

If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to.

Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification.

If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to.

Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification.

If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to.

Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification.

If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to.

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12y ago

Once the final decree has been granted the terms of the divorce are final, they cannot be amended in most cases. If there are issues that can or should be modified then the court can allow a modification.

If one of the parties discovers that assets had been hidden by the other spouse then he or she would need to file a civil suit to attempt to recover what they believe they are entitled to.

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11y ago

divorce granted division of real property settlement wife was ordered to pay husband $50,000.00 never complied. case is sixteen years old

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Q: Is there a statute of limitations on reopening a divorce settlement in Arizona?
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