A Forsyth County family law attorney can help if you think you might need to set aside your Georgia divorce decree. It’s important, however, that we start the process before the statute of limitations (legal time limit) runs out. Keep reading to learn when can a divorce decree be set aside in GA.
What Does It Mean to “Set Aside” a Decree?
The term “set aside” refers to canceling a court decision or court order. An attorney may file a Motion to Vacate or a Motion to Set Aside to start this process for you. When a divorce decree is set aside, it’s as if the first decree gets ripped in half and tossed in the garbage, and you no longer have to comply with the terms of the court order.
The Main Reason to Set Aside a Divorce Decree
Setting aside a divorce decree is generally done for one main reason: because they’ve discovered hidden. In other words, one spouse discovers after finalizing the divorce that the other spouse had secret retirement accounts, some extra property, an investment account that the other spouse never disclosed, etc. This non-disclosure means that the spouse deceitfully deprived the other of their fair share of the equitable distribution of property, and the judge should reassess the order.
If you can get your divorce decree set aside, it allows you to have a judge look at the new evidence you’ve discovered. A new decision by the court can affect your spousal maintenance (or alimony) award, your child support award, and property division. All these things take into account your former spouse’s full financial status and resources.
Legal Requirements for Setting Aside a Divorce
It’s serious for a court to throw out a previous decision. Georgia does not take setting aside divorce decrees lightly. For the Georgia court to set aside a divorce decree, one of these conditions must exist:
The Statute of Limitations
The State of Georgia gives either of the spouses in a divorce up to three years to start the process of having their divorce judgment set aside. The process does not need to be completed within three years of the date the decree was finalized, but the process must start within that timeframe. So, for example, if you were divorced on January 1, 2020. You have until January 1, 2023, to have your Forsyth County family law attorney start the process for you, even if you don’t discover that assets were hidden or fraud was committed until December 31, 2022.
Related Video: What is a Normal Timeline for a Divorce Case?
Our Forsyth County Family Law Attorneys Can Help
Did you discover that your spouse defrauded you after your divorce was finalized? At Banks, Stubbs, & McFarland, a Forsyth County family law firm, we can help. We handle all types of divorce-related matters and work to get you the best outcome possible the first time around without having to reopen the case. To set up a free consultation today, contact us via our contact form or call 404-301-7980 or Email Us.