Legal Question in Family Law in Texas
I was divorced in 1984. My ex had the divorce decree prepared; His retirement was NOT addressed in the decree. I never ask for my part of the reitirement. Is it too late to request it now?
1 Answer from Attorneys
It's impossible to tell without seeing your decree. That's because his retirement might have been referenced in general terms rather than in specific terms.
If the retirement was truly not addressed at all, then you both remain joint owners of the retirement and the courts have authority, in fact the duty, to divide it. See Tex. Family Code sections 9.201 - 9.205 and Sagest v. Waltrip, 970 S>W.2d 767, 769 (Tex. App.--Austin, 1998).
You absolutely must have an attorney help you with this. It is very tricky and once you raise the issue with your ex, the clock starts ticking against you.
Good luck!!
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