Full question:
My divorce property settlement agreement was modified. There is now a discrepancy in the real property description. The discrepancy resulted from misrepresentation to me by my husband about the property's correct description. How can I get the case reopened?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Arizona
Answer:
Whether the issues in your divorce are settled by you and your spouse or are decided by a judge, some things in your judgment can be modified (changed) by a judge after a hearing. Usually the division of your property is not subject to modification. And, if you and your spouse have agreed that alimony shall not be modifiable, the courts of most states will follow that agreement.
If there is marital or community property that is not awarded to one or both spouses in the divorce judgment, further proceedings may be allowed to divide those assets. Sometimes this can be done by making a motion in the divorce case and sometimes it requires a separate lawsuit.
Courts have inherent jurisdiction to vacate a divorce decree obtained by fraud. A trial court has inherent authority to set aside a divorce decree whenever fraud has been practiced on the court.
Where fraud is asserted as a basis for vacating or setting aside a decree, it must appear that the decree was in fact procured by fraud. Moreover, the complaining party normally must be able to show that he or she was free from fault, neglect, or inattention.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
