Change-an-Unfair-Divorce-Settlement

Going through a divorce can be challenging and emotional.

Rarely practise both spouses in a divorce go exactly what they want, every bit divorce usually requires the parties to compromise to reach a settlement, with the assist of a divorce attorney.

However, y'all may finish up with a genuinely unfair divorce settlement. Your divorce may result in an unfair settlement for various reasons, but you may have legal options.

Tin a Divorce Settlement Be Reopened?

Once a divorce is final, it may exist reopened in limited circumstances. To reopen your case, your attorney volition file a motion with the courtroom. The motion must allege one of the following claims.

Fraud

Fraud is a common reason to reopen a divorce example. To reopen a example claiming fraud, the moving party must show the other party fraudulently represented some material fact. For example, if it is subsequently discovered that i of the parties was hiding coin non deemed for during the segmentation of assets, this would be considered fraud.

Mistake

A mistake fabricated during your divorce may let you to reopen your case. Making a fault about some fact or information that is important to the instance, for example, may bear upon the effect of a divorce.

Duress/Undue Influence

Your ex-spouse may try to exert unfair pressure level to force yous  to reach a settlement that favors them. For example, they might blackmail you or threaten you with violence. You volition be able to reopen your case if you lot can prove that your ex-spouse got you lot to sign divorce papers under duress or undue influence.

Tin You Become Dorsum to Court Afterward a Divorce is Final?

After a divorce is final, y'all may appeal the courtroom's conclusion. If you wish to appeal a courtroom'due south conclusion regarding your divorce, you must file a notice of appeal within 30 days of the entry of the final divorce decree.

When appealing a divorce decree, your attorney volition set a cursory, thoroughly explaining the reason for the appeal. They will also include whatsoever relevant instance police force, prove, or documents that aid your case.

Appellate courts do non consider any new evidence and base their conclusion only on show previously presented. At the end of your appeal, the court will either opposite the trial court'due south decision, transport the case back for a new trial, or affirm the trial court's conclusion.

Modifying a Divorce Settlement

Modifying a divorce settlement aims to alter merely some function of the divorce decree. To obtain a modification, you need to show that a substantial change of circumstances has occurred since the entry of your divorce decree.

For example, your initial divorce settlement gear up out a custody agreement. If, later on, you find out that your ex-spouse is being irresponsible or engaging in activities that endanger the children, y'all may seek a modification of the custody agreement outlined in the divorce settlement.

Different appeals, modifications tin occur whatever time afterwards the final divorce decree has been entered.

Seeking Legal Help

Reopening, appealing, or modifying a divorce decree tin can exist a challenging task. A knowledgeable and experienced family police attorney can assess your instance and give you legal options.

Ben Carrasco is a family unit law attorney based in Austin, Texas. He is a highly skilled chaser specializing in all aspects of child and family law. Mr. Carrasco is understanding and empathetic while fiercely advocating for his clients. Contact usa today to talk over your case.

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