Legal Question in Family Law in Mississippi
Revising a Divorce Decree after divorce is final.
Once you are legally divorced in the state of MS - can you go back 3 1/2 yrs later and revise the divorce decree in any way? I was not legally adivsed that I could ask my ex-husband for medical insurance to be paid by him for me nor him to list me as the beneficiary on his life ins policies? I also would like to know too since we were married over 10 years, if I can revise stating that I am due his retirement and pension that I would of normally received since I was married to him? We divorced on irreconcilable differences, although the reaso for divorce was adultry. I have sued his girlfriend for alienation of affection? Can I revise the reason for divorce since I do have valid proof?
2 Answers from Attorneys
Re: Revising a Divorce Decree after divorce is final.
I would add to Dustin's response that the court retains jurisdiction over matters such as alimony and children. If the court accepts some of your issues as alimony or child matters, it should consider modification of the divorce decree. However, you will to show that a substantial and material change of circumstances has arisen which justifies modification in order to get any relief.
Re: Revising a Divorce Decree after divorce is final.
The short answer is, unfortunately, NO. There could possibly be valid reasons for setting the divorce aside entirely but to change your property settlement agreement to ask for the things you list is almost impossible, especially if you did not raise any of those issues at the time you agreed to the property settlement. Thje 3 1/2 years since the decree was entered (or since you signed the property settlement agreement will, most probable, bar any action anyway. The property settlment agreement is a contract and absent very unsusual circumstances, the Court cannot modify it.
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