How to Modify The Decree Of Divorce
I Did Not Receive All Of The Assets I Wanted In The Divorce & I Want To Go Back & Modify The Decree Of Divorce, What Do I Do?
Nothing. You can do nothing. Property settlements are final and non-modifiable, unless agreed
upon by the parties via a stipulation filed with the Court. There are 2 exceptions to this rule:
1) Unajudicated assets – If there is an asset that was not disclosed at the time of divorce and
was not divided in the Decree, due to either a mistake or fraud, you have three years from
the discovery of that asset to request the Court adjudicate that asset. NRS 125.150(3).
*Note: This must be due to a mistake or fraud. If both parties knew about it and it was not
included, that likely would not constitute a mistake or fraud.
2) There may be a basis to set aside a Decree altogether pursuant to NRCP 60, but this is
difficult to do and extremely rare.
If you have questions on whether you may have a basis to seek a property settlement
modification, contact the Law Offices of Andriea A. Aden, Esq. to schedule your consultation.