Can you reopen a divorce case in New York?

Going through a divorce can be challenging and emotional.

Rarely do both spouses in a divorce get exactly what they want, as divorce usually requires the parties to compromise to reach a settlement, with the help of a divorce attorney.

Even so, you may end up with a genuinely unfair divorce settlement. Your divorce may result in an unfair settlement for various reasons, but you may have legal options.

Can a Divorce Settlement Be Reopened?

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

Fraud

Fraud is a common reason to reopen a divorce case. To reopen a case claiming fraud, the moving party must prove the other party fraudulently represented some material fact. For example, if it is subsequently discovered that one of the parties was hiding money not accounted for during the division of assets, this would be considered fraud.

Mistake

A mistake made during your divorce may allow you to reopen your case. Making a mistake about some fact or information that is important to the case, for example, may affect the outcome of a divorce. 

Duress/Undue Influence

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

Can You Go Back to Court After a Divorce is Final?

After a divorce is final, you may appeal the court’s decision. If you wish to appeal a court’s decision 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 will prepare a brief, thoroughly explaining the reason for the appeal. They will also include any relevant case law, evidence, or documents that help your case.

Appellate courts do not consider any new evidence and base their decision only on evidence previously presented. At the end of your appeal, the court will either reverse the trial court’s decision, send the case back for a new trial, or affirm the trial court’s decision. 

Modifying a Divorce Settlement

Modifying a divorce settlement aims to alter only some part 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 set 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, you may seek a modification of the custody agreement outlined in the divorce settlement. 

Unlike appeals, modifications can occur any time after the final divorce decree has been entered.

Seeking Legal Help

Reopening, appealing, or modifying a divorce decree can be a challenging task. A knowledgeable and experienced family law attorney can assess your case and give you legal options. 

Ben Carrasco is a family law attorney based in Austin, Texas. He is a highly skilled attorney specializing in all aspects of child and family law. Mr. Carrasco is understanding and compassionate while fiercely advocating for his clients. Contact us today to discuss your case.

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Divorces require compromise from both sides to settle. It’s nearly impossible for divorcing spouses to receive everything they want in a divorce settlement, which creates further conflict for everyone involved in the case. As a result, many people end up feeling like they were robbed of a fair settlement. Unfortunately, you can’t simply head back to court and ask a judge to change the compensation to your liking. 

However, if you feel like you received an unjust settlement, you may be eligible to ask the court to revisit your case and have a second look at the deal. Ultimately, the court will decide if the settlement you and your spouse reached is unfair. Keep in mind it’s tough to convince a judge to revisit your case, and a judge will come to a decision based on your state’s divorce laws. Continue reading to find out how you can reopen an unjust divorce settlement.

Proving Exceptional and Compelling Circumstances

To reopen a divorce settlement, you must prove to the court that the settlement must be revisited due to exceptional and compelling circumstances. These extraordinary and compelling circumstances aren’t defined, and it can be tricky to prove your case falls under this category. Usually, exceptional and compelling circumstances are limited to proving the settlement was obtained through fraud, or if one party made material misrepresentations. 

For example, if one spouse hid assets or lied about their value, then the court may reopen the settlement. Unfortunately, if your settlement woes don’t pertain to assets, then a court most likely won’t revisit your case. Courts take these cases seriously because, in individual states, parties are required to disclose all assets and debts in a divorce. Failure to provide this information is a violation of a divorce settlement. 

Merely suspecting fraud has been committed isn’t enough reason for a court to revisit your settlement. You’ll need hard evidence to prove your former spouse has committed fraud.

Proving Duress and Undue Influence

Another way you may be able to convince a judge to revisit your settlement is by showing you were coerced into accepting the agreement through threats of violence. All spouses undergoing a stressful divorce are under duress because they want to get their case settled. However, if one spouse used psychological pressure or threats of violence to force the other spouse into accepting a one-sided settlement, these actions fall under extreme duress and undue influence. If your spouse also threatened your children, these threats are also considered duress and can potentially nullify the settlement. Under these extreme circumstances, it’s valid to argue your consent wasn’t given because you didn’t freely and voluntarily agree to the settlement.

Time Restrictions on Reopening a Divorce Settlement

Even if you have grounds for reopening a settlement, there are restrictions on how long you can wait to bring this information to a judge’s attention. Issues related to fraud must be brought to court within one year of discovery of the fraud, and issues regarding duress must be brought to court within two years. 

There’s a long road ahead of you if you’re interested in reopening your divorce settlement. You’ll need to work with an experienced divorce attorney who has your best interests in mind. Contact The Ault Firm today.