During a divorce, it is rare for both parties to get what they want. This means that you are going to have to compromise to resolve the case and this leaves many people feeling that they got a raw deal in their divorce. However, this does not mean that you will be able to reopen your divorce settlement.
When Can You Reopen Your Divorce Settlement?
Simply feeling that you did not get a fair deal is not enough to reopen the settlement. However, if you have received an unjust divorce settlement, you may be able to ask the court to reopen your case and take a second look at the settlement. If you are able to do this, it is important to note that there is a very heavy burden to get the settlement turned over.
The exact process that you will need to take will vary depending on the state that you are in and the laws there. In most cases, you will have to prove exceptional and compelling circumstances exist in order to get your divorce case reopened. This means that you have to prove that your settlement agreement is invalid in some way or that the terms are inequitable and oppressive.
How To Reopen The Case
The first step in trying to reopen your divorce settlement is to file a petition or motion with the court. You will need to provide a reason why the settlement should be reopened. There are 4 reasons that you will be able to use.
The first is that there was fraud or deceit during the divorce process. This means that your spouse tried to conceal information or gave false information during the discovery period. The falsehood will need to relate to an essential fact in the case such as the value of an asset or that a certain asset exists.
The second is that there were undue influence and duress during the proceedings. This will generally be where you have been coerced or otherwise threatened during the divorce. You will be stating that you would not have agreed to the terms if you were not forced to sign the agreement.
The third reason is mistaken negotiations. This means that you were mistaken about the material facts that influenced the negotiations of the settlement. This can be hard to prove and may not always result in your case being reopened.
The last is that there was a fundamental unfairness or inequity in the agreement. The burden of proof will be on you to show that this is the case. If you are going to use this option, it is recommended that you get legal help before you file your motion.
While it is possible to reopen a divorce settlement, it can be very difficult to do this. You will have to file a motion to have the settlement reopened and provide a valid reason for this. The burden of proof will be on you so you need to have supporting documentation ready. It is recommended that you always seek legal help before you attempt this. To know more about us visit the website at https://deanhineslawyer.com/divorce-lawyers-columbus-ohio/.