question iconI have been divorced for 6 years now and my ex is threatening to come after my retirement account. It was disclosed in the original decree, but nothing was ever done with it. Neither I nor him contacted PERA to start division proceedings. PERA states that you have 90 days after a divorce decree to do this. I was told the only way for him to get my retirement was to petition the court to change the date of the divorce. I do have a signed motion from the court that neither party pursued the division. Is there a statute of limitations on changing a divorce date? Trying to decide if I should just let him figure this out or retain a lawyer.
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Generally, a property division cannot be revoked or modified unless there is a finding that conditions exist that justify the reopening of a judgment. An experienced family law attorney can walk you through C.R.C.P. 60 which spells out conditions under which it is justifiable to reopen an agreement or judgment.

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Bill Henry
Family LawOct 4, 2021
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