Can a recorded divorce decree be amended for property or any other issues that either spouses feel weren’t divided equally before signing?

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Can a recorded divorce decree be amended for property or any other issues that either spouses feel weren’t divided equally before signing?

Asked on August 15, 2011 New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What I think that you mean is that you and your ex entered in to an agreement splitting up the marital assets, correct?  And this is what was filed with the court when you filed for divorce, correct?  And now you wish to amend the agreement.  The agreement is a contract and the Court assume that when you sign a contract it is entered in to freely and that the terms were negotiated prior to signing.  In order to amend it, as you say, you have to have a legal basis in contract such as misrepresentation, mistake, fraud, etc.  If you can manage to find a legitimate basis that give rise to these contractual bases then you can try and set the agreement aside.  Seek legal help. Good luck.


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