Legal Question in Family Law in Nevada
My divorce was final last November, I was awarded my pension and 401k in the divorce now my ex wants to take me back to court and get half my pension and 401k. My question is can she?
2 Answers from Attorneys
Well, anyone can FILE anything they want. If the retirements were dealt with in the original divorce, the question is what she is asserting has changed. You are going to need a full consultation with qualified counsel experienced in such work to analyze the arguments and their various strengths and weaknesses. In the meantime, see the article entitled "Partition Actions and Fraud on the Court" posted at http://www.willicklawgroup.com/published_works. Also see http://www.willicklawgroup.com/qdro_retirement_orders and http://www.willicklawgroup.com/property_rights_division.
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Your ex-wife might assert "fraud, mistake and/or excusable neglect" and move to set aside the divorce based upon one of those theories. Usually there is a 6 month window of time to move to set aside the divorce.
Given that you said the divorce was final in November, you are still within your 6 months.
Once and if she files something, you will be in a better position to respond. It seems pointless to worry about it right now.
All the best,
Greta Muirhead, Esq.