Can my ex husband dispute the division of our marital assets after the uncontested divorce has been finalized?
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Can my ex husband dispute the division of our marital assets after the uncontested divorce has been finalized?
Our uncontested divorce was finalized 7 weeks ago. Now that he has taken a closer
look at the signed decree, he disputes the amount of his retirement account I was
awarded, 60. We both signed off on this, after HIS legal document preparer
drafted the papers and a judge finalized it in June. I have already submitted the
decree and necessary paperwork to the retirement office for disbursement but it
takes time to process. The ex’s LDP is asking me to voluntarily waive it to 50.
What type of recourse can they take to interfere with this process? Can he
legally dispute the division of our assets after it’s been finalized?
Asked on August 6, 2018 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
He is going to have a hard time setting aside the documents he signed in the first place. It is a contract and if the documents were prepared on his say so then I would say that the court is not going to be so sympathetic. He has an issue with his preparer. You need to decide if you want to stand your ground or concede and not go through the hassle. If, however, you were awarded 60% becuase he received other marital assets in a higher percentage then that is your ground to stand as well. Good luck.
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