Was Your Divorce Unfair? What To Do
Divorce can be a chaotic time. Often, it's only later that divorcing parties realize what they agreed to. In some cases, you can turn back the clock on a divorce agreement, even once it's final. However, you must have a valid, legal reason for requesting this from the judge. Read on to find out more.
Final Means Final
Divorces don't take place in a vacuum. Both parties are encouraged to get their own legal representation and take part in the process. Once the judge hands down the final decree, the divorce cannot usually be reopened. The exception is any provision addressing minor children. Since children can grow and change around divorce provisions like custody and visitation, a family court judge will continue to have the power to make changes when it is in the best interests of the child.
Other than things to do with children, the divorce can be reopened if a party can prove any of the below occurred and thus that the divorce is illegal.
You Didn't Know
When a party files for divorce, they must inform the other party. Most people use a process server to accomplish this task. They don't have to face their ex and they have proof that they were served. However, spouses can't always be located. If the spouse cannot be found and the party asking for the divorce has done everything in their power to locate them, the judge may order a default divorce.
This usually entails a waiting period and then the filing party is awarded what they asked for in the divorce.
If the other party appears once the divorce has been granted, they may have a case for negating the divorce if they can show that the other party did have a way of letting them know about the divorce but failed to inform them.
You Were Tricked
Being threatened is not a good way to divorce. If you can prove that you were under duress when you agreed to the divorce, it might be ruled invalid. Threats of physical or psychological abuse of a party or of minor children mean the divorce was illegally obtained.
If one party can show that the other failed to provide a full and forthright accounting of their financial situation, it could nullify the divorce due to fraud. Many divorce provisions are based on financial honesty. Child support, property issues, debts, retirement divisions, and more must be calculated on the facts.
If you believe you have been subject to an unfair divorce or your ex is now stepping forward and claiming that, speak to a divorce lawyer.
For more information, contact a local firm like John D Wieser Esq, PC.