The fast answer is: Until the divorce is finally "proved up" before a judge, one can modify the petition for divorce to resolve any disputed issues. The slow answer is: It really depends on the grounds to be added, the reason for the fault. You probably need to consult with a lawyer to make sure that modification is the accurate way of dealing with the "fault."
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I am not clear on the current status of your divorce case. If a judge has signed a divorce decree, there is a final order. If there is a final order ,it can only be changed by filing a motion for new trial or appealing. There are very short deadlines for both of those things. Once those deadlines have passed, the decree is final and a party cannot go back and litigate those matters.
If you are saying that you need a Qualified Domestic Relations Order (QDRO) to handle the division of retirement accounts, that is often handled after the decree is entered (though the decree should set out the division that will be detailed in the QDRO. QDRO's are technical and often problematic. Many lawyers do not prepare QDRO's. There are even firms that only draft QDRO's.
If you are uncertain what should happen next for your retirement accounts, you should consult with a local lawyer. Make sure (before meeting with them) that they handle QDRO's.
If an issue is preserved for the trial court to decide, then either party is permitted to amend their pleadings, which would include a fault ground for divorce.
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I am unclear if your divorce is over and the court has made a ruling.
Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.
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