25-4-75. Motion to reopen case to divide assets omitted from property division.
90 words·~1 min read·
/sd/title-25/chapter-25-4/25-4-75A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any court that has entered an original decree of marital annulment, dissolution, or legal separation and determined a division of the property shall reopen the case upon the motion of either party to the original decree if the moving party alleges all of the following regarding any assets belonging to either or both of the parties:
(1)The assets existed at the time of the entry of the decree;
(2)The assets were not encompassed by the original decree; and
(3)The assets are currently more than de minimus assets.