Divorce Decree Can I Enforce It After Two Years Of It Being Filed With The Court?
Today’s question comes to us from Sam, and he wants to know if he can enforce a divorce decree after two years of it being filed with the court.
Sam’s situation is he was divorced two years ago, and due to the pandemic and a other situations in his life, he was not able to enforce the portion of the divorce decree that stated that the wife had to sell the house and divide the equity of the house evenly. He wants to know if he’s precluded from doing that, if it’s too late for him, and if he will lose out on that.
My answer to Sam is this, the Nevada Supreme Court, the family court, they do not like you to sit endlessly on a decree that has been issued. They prefer that you act on that right away. That is my opinion as well, because when you do not act on a decree or on an order from the court right away, it can lead to a lot of different problems that you don’t want to have to then re-litigate. It is best for you to act right away on a divorce decree or any other order from a court.
However, Sam, you are in luck, because, according to the supreme court, you have six years to act on your divorce decree. Therefore, you’re not precluded from going after the order, making sure that your wife sells the house and that you get half of the equity from the sale of the home. But please remember, for anyone listening to this, act on your orders right away to avoid any further issues that you might have to then re-litigate later. So, Sam, good news for you. You can still go ahead and enforce that decree but go ahead and try to get that done as soon as possible.
I hope that this has answered this question. If you have further questions about this topic and want to discuss further, go to Vegasdivorcemeeting.com. I’ll be more than happy to sit down with you to discuss your particular situation.
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