Legal Question in Family Law in Washington
WA state.I divorced 5 years ago.My ex-wife got most of our property : house,car,1/2 of my military retirement.I did not argue with her.Now our sons are 18 and 19 years old.Recently I got married again and realised such a huge mistake i did.Can I re-do my divorce decree and ask 1/2 military retirement back?
1 Answer from Attorneys
The short answer is no. Here is why. Decrees of dissolution are meant to be final. The Courts do not want to have a system with endless appeals, otherwise, whomever lost in the last round is almost guaranteed to appeal to the next round. There is a 30 day period after entry of the decree of dissolution to file an appeal, but if you entered an agreed dissolution decree, then your grounds to appeal are more limited to things like fraud, or some showing that you signed under improper circumstances.
The 30 day issue will not apply to mistakes, inadvertence, excusable neglect, newly discovered evidence, or fraud, but even then, you still only have one year from when you knew, or one year from the date you should have known about mistakes, inadvertence, or excusable neglect, otherwise the courts use a "reasonable time" standard to determine when you should bring your motion for a new trial.
Again, I would need to know more information, but to justify a five year wait, I'd say you need to demonstrate major fraud on your ex's part and that could not have known about it until very recently.
Beyond all that, while I would need more details on the exact split in assets, length of marriage, etc., I can tell you that typically, being awarded 1/2 of your military retirement that was earned during the marriage is pretty standard stuff, although again, it does depend on how your other marital assets were split and the total value you each walked away with.