Washington courts divide assets fairly and equitably, which may feel like the property division is final. However, some circumstances change that can raise questions later. If some issues surface after the decree, you may wonder whether you can revisit property division orders entered in your divorce and have the court reopen those orders for modification. The answer is yes, but not all the time.
Why Property Division Orders Usually Stay Final
Washington courts aim to bring closure when a divorce ends. Once the judge signs the final decree, property awards rarely change. That said, state law does allow courts to revisit property division orders from your divorce decree, but only for limited exceptions, as outlined in the Revised Code of Washington § 26.09.170.
Situations That May Allow Review
Only specific issues can reopen property division orders after your divorce is finalized. Courts look closely at the facts and the timing of the request. The following grounds and time limits apply:
- Clerical errors: There is no time limit on errors; you can correct typos or math errors years after the court enters judgment.
- Mistake or excusable neglect: For this, you must act within one year of the court entering judgment. Just note that the one-year cap applies even for honest mistakes.
- Newly discovered evidence or fraud: You generally must file these claims within one year of the court entering judgment.
- Void judgments: Courts may set aside a judgment in a reasonable time when they lack the power to enter it. This does not follow a fixed deadline.
- Any other justifying reason: You need to act within a reasonable time, usually measured from when you discovered or should have discovered the issue.
These situations often involve clear evidence. Without it, courts tend to leave orders in place. A divorce lawyer can provide clarity if your case is eligible for review.
What Happens If Errors Stay Unchallenged?
If problems go unaddressed, property division orders entered in your divorce remain enforceable. For high-asset divorces in the Washington area, small details can carry a large financial impact. You need to act fast because once deadlines pass, your options narrow.
Why Legal Guidance Still Matters to Property Division Orders After Divorce
Property division does not always work out fairly. Complex assets or missing information can show up months or years later. A lawyer can explain whether Washington law will allow you to ask the court to revisit property division orders entered in your divorce and what may happen if you do nothing. If you want to protect your rights, make sure you act fast and contact Lutz & Associates, P.S., for help today.