Divorce is never a great experience. It requires a compromised settlement from both of you. However, sometimes divorcing partners don’t get what they desire in divorce cases, which increases tension for all parties involved.
So, if you think the settlement you had to obtain was unfair, you can file a petition in the court to review your case and take another look at the terms. The court will decide whether the agreement you and your partner agreed on is unjust.
In the following discussion, you will learn about reopening the divorce settlement and the grounds for the divorce.
Can I Modify My Divorce Settlement?
You will get 31 days to file an appeal after the divorce is granted. Your divorce will become official after 31 days. At that point, neither you nor your partner can reverse it; not even the court has the power.
But some divorce-related terms, such as child custody, visitation, and support are never fixed in advance. These can be rarely modified depending on your life and any changes in your circumstances.
If you or your partner wish to change these conditions, contact each other first and work on it so that you can understand. Again, you must bring the modifications as a written version after completing the first task.
But, if you and your partner cannot agree on the matter, you need to file a petition to the court about your settlement that needs to be modified. If family law mediation is unsuccessful, the judge will determine whether to approve the desired adjustments.
What are the Grounds for Reopening My Divorce Settlement?
Here are the grounds you need to reopen your divorce settlement.
Providing Evidence of Unusual and Remarkable Situations
To get your divorce settlement reopened, you must convince the judge that there are special and convincing reasons behind the agreement to reopen.
Unusual and compelling situations can arise unless it is shown that the agreement was achieved dishonestly or one party presented major misleading evidence.
However, the court cannot review your settlement only because there is a suspicion of fraudulent activities. To ensure that your ex-spouse committed fraud, you will need concrete evidence.
Proving Stressful and Unfair Influence
You can persuade the judge to reconsider your decision by proving that you were threatened to agree with the settlement. All couples go through huge stress just to resolve divorce cases.
Excessive stress and influence will be considered ground if one spouse utilizes pressure, threats of violence, or other violent acts to force the other partner into signing a one-sided agreement.
Threatening your kids is also regarded as an unlawful settlement. In these exceptional situations, you have to prove that you did not provide your permission since you did not freely and voluntarily accept the settlement.
Limitations of time while reopening the settlement
There are limitations on how much you can delay reopening a settlement. You must file fraud cases in court within 12 months after being discovered, while duress cases must be filed within 24 months.
Can I Appeal a Divorce Verdict After Years of the Divorce?
The divorce terms will sometimes unjustly favor one spouse over the other. Even if your divorce occurred years ago, you could find issues in your post-divorce circumstances, like you are paying more as alimony than required or any part of your divorce order is unfair.
You can easily challenge a divorce judgment even years later. The only issue is that you must carefully approach the procedure with professional legal assistance.
You can challenge the judge’s initial decision by appealing your divorce judgment, or you can try to change your judgment in light of new facts. However, you’ll require solid proof across both approaches to support your claims.
If you wish to challenge the judgment, you must prove that the initial divorce court had mistakes that led to unjust judgments. Generally, you are not entitled to provide fresh evidence while appealing a decision.
Take help from a lawyer
You need a knowledgeable lawyer who can prove that the judge’s judgment was unfair by referencing earlier court documents.
It can be challenging to appeal the judgment if you and your partner reach an agreement during the first divorce process.
Also, you must convince the judges that there is a good basis for the adjustments if you want your divorce judgments to be amended or overturned. This task will be easier with the help of an experienced lawyer.
To Wrap Up
We understand how harsh the divorce experience was. Don’t let your partner get away with the wrong means to avoid the hassle. Don’t let your partner enjoy your hard-earned money. Take your stand, go to court with the best lawyer and win your right back.
Can an unfair divorce settlement be changed?
Yes, it can be changed after the settlement. You will get 31 days to file an appeal once a divorce has been granted. The divorce becomes official when the 31-day period has expired, at which point no party, even the court, may reverse it.
How to challenge an unfair divorce settlement?
You must submit a petition to the Probate and Family Court to contest an unjust divorce settlement. They will only consider revisiting a divorce settlement if there are strong justifications. To prove that the settlement was unjust by nature or that you were forced into accepting it, you must demonstrate that you learned new facts about your spouse's situation that you weren't previously aware of.
Can a divorce financial settlement be reopened?
Reopening the financial terms of a divorce is conceivable but highly uncommon. After the financial settlement has been formally documented in a written agreement, the divorce is finalized. And neither of the parties will be capable of making a financial claim hereafter.
How to find a lawyer for the reopening of divorce?
Before applying to reopen a divorce case, speak with a divorce attorney who may examine your case. You can either employ your old lawyer or hire a new one. Regina's family lawyers have extensive knowledge of the legal field. They can assist you with handling your divorce case, including reopening it on legal grounds.
Can you go back to court after the divorce is final?
Yes, you can. After being divorced, you might need to take care of a few essentials. Most of them are not subject to judicial procedure, such as amending your contract, insurance plans, or other financial and legal documents involving you and your partner.