Legal Question in Family Law in Texas

Re-do Divorce Decree

I filed for divorce in TX in 1999, my husband at the time resided in CA. I have learned since my divorce decree came final that after 23 years of marriage I should have gotten 1/2 of his retirement. CAn I open my divorce and ask for 1/2 of my ex husbands retirement or is it to late now that the divorce has been fianalized?


Asked on 1/07/02, 9:08 pm

3 Answers from Attorneys

Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Re-do Divorce Decree

The answer is, it depends on whether or not your decree awarded that retirement plan to him. If it did, then your chances of getting at it are much less, though not zero. Then the question becomes did he conceal it from you, or otherwise misrepresent to you your rights in the retirement plan. If he did neither, then you're out of luck. If he did, you have 4 years to file a bill of review. On the other hand, if the decree never mentions the retirement account, then it's much easier to rectify because you can always go back to divorce court to split up community assets that were not split up before. If you're near Austin, give me a call.

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Answered on 1/08/02, 3:32 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Re-do Divorce Decree

There may be a chance, but I hope that all that read your question learn a valuable lesson; you would not take out your own tonsils without a doctor why do people try to handle their own legal matters.Call a lawyer and work-out a payment plan but do it right this time.

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Answered on 1/07/02, 10:08 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Re-do Divorce Decree

Well - the main thing to know is that time is of the essence. 2 years is the statute of limitations you are looking at. You must contact someone soon and be prepared to pay. Now that divorce has been final so long this will be neither easy nor cheap.

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Answered on 1/07/02, 11:54 pm


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