I feel like I got a bad deal… Can I change my Decree of Divorce?
There are many factors to consider when trying to change a divorce decree in Nevada. Generally speaking, people are required to uphold and are bound by the contracts they make in Nevada. A Decree of Divorce (the document which dissolves your marriage and makes you a “single/unmarried person again” is a form of a contract in Nevada.
Nevada Decrees of Divorce usually contain agreements between spouses which can determine things like: who gets the house, when a parent will get to spend time with the children, how much a parent will pay in child support to the other parent, how retirements are divided, etc.
It is not uncommon for a person who is recently divorced to feel like, or wonder if, they got a “bad deal” or the terms of the agreement they made are unfair. It is also not uncommon for those people to wonder “Can I change my Decree of Divorce?”
Though the law in Nevada favors binding parties to the agreements they make, Nevada Courts actually do have jurisdiction to change the terms of a Decree of Divorce. It is important to note that the Court’s jurisdiction is very narrow, there is a very specific window of time that the action must be brought to change the Decree of Divorce, and the facts to allow changes can be very difficult to prove.
The law the Court must apply is found in Nevada Rule of Civil Procedure 60(b). This Rule requires that if the Court is going to change the terms of a Decree of Divorce, the request must be made to the Court within six (6) months of the Entry of the Decree of Divorce, and there must be, among other factors, some mistake, inadvertence, excusable neglect, newly discovered evidence, or fraud which warrants the Court changing the terms of a Decree of Divorce.
If six (6) months have passed since the entry of the Decree of Divorce, the Court will not consider any changes to the Decree of Divorce. Moreover, if the there is no facts or evidence allowing the change, then the Court will not revisit or allow changes to the Decree of Divorce either.
We would be delighted to assist you in determining whether changes could be made to your Decree of Divorce. Give us a call today to schedule an appointment with one our attorneys.