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Can a divorce decree as it relates to property,be modified after 5 yrs?

Plymouth, NH |
Filed under: Divorce Divorce decree

I had been married for nearly 8 yrs.At time of my divorce I was a stay at home father for a period of 5 yrs. I was helping raise a son we had together,along with my ex-wife's kids from a former marriage,along with assisting my former mother in law, who lived with us all the while...My ex wife had chose to further her career in nursing.Hence me becoming a stay at home dad. during that time she obtained 2 degrees and went from an RN to A nurse mgr making substantially more money. At that point she sought a divorce. we had a home on 2 acres and were living very comfortably. I left with the clothes on my back, and was without council at the time of my divorce. Is there any relief that can be sought at this point? I was married in MA but divorced in NH...I now live in Orlando FL

Attorney Answers 3


  1. In many states, property division is not modifiable short of a showing of fraud. You need to contact an attorney in the state where you were divorced and get a consultation on your case.

    The answers provided are for informational purposes only and shall not be considered legal advice on your specific fact situation. If you would like information specific to your particular fact situation, please feel free to contact me directly.


  2. Generally the property division cannot be modified unless there was fraud, undue influence, deceit or misrepresentation. Alimony can be requested, but you may be out of time for this. You should speak with an attorney who can review your divorce decree and the specific circumstances of your case.


  3. I agree with the other attorneys' answers. However, child support may still be modifiable well after the divorce decree, so you may want to consult with an attorney if that is applicable.

    Apart from the fact that division of property orders are not easily modifiable, you also waited 5 years to challenge the order. This makes it fairly unlikely that a judge would find it equitable to modify an order that has seemingly been working for 5 years. Not that it's impossible. Without knowing all of the facts of your case, no one can say for sure.

    Best of luck.

    This is an advertisement for legal services. No commentary on this website is intended to be legal advice. No attorney-client relationship is created by using this site. Readers are encouraged to call Attorney Buck for a FREE 30-minute consultation at 603-476-3261, or seek a referral to an attorney by contacting the NH Bar Association at www.nhbar.org. Attorney Buck is online at http://cbucklegal.com.

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