QUESTION
Can my ex-wife sue for alimony 5 months after an uncontested divorce?
Asked on Apr 13th, 2015 on Divorce - Nevada
More details to this question:
The divorce decree was handed down on 12/4/14 and now my ex-wife is threatening to sue for alimony. Can she legally do that? I thought once the decree was handed down it was over and done with. We were married for less than 4 years. I'm 99% sure it was uncontested (we filled out the papers ourselves), but it could have been a Summary Dissolution if those are allowed in NV. She won't give me a copy of the papers so I'm not 100% sure, just mostly sure it was the uncontested one. We went with the "quick" option when we looked at the forms if that makes any sense. No kids, no co-owned property nothing. Just a joint account with $600 in it.
1 ANSWER
There is a rule (NRCP 60(b)) indicating that anyone can move to set aside an order or judgment for 6 months after it is rendered fr "fraud, mistake, excusable neglect (etc.)"
Your language is a bit unclear; you should KNOW whether the divorce was contested or uncontested, but any family law specialist would be able to pull up your case in the court computer system (we have remote access) and tell you what is in the court record. Or you could contact the Clerk of the Court directly. By the same means, you can of course get a copy of everything that was filed.
WHile you do not reveal most of the facts, it is not usual that a 4-year marriage leads to a significant alimony award, although there could be exceptions for special circumstances. FOr articles describing such circumstances, see the materials posted at http://willicklawgroup.com/spousal-supportalimony/.
Answered on Apr 14th, 2015 at 9:10 AM