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I 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.
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.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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