Can the divorce grounds be changed after everything is finalized?
Divorce is one of the most common lawsuits in court. One in every two marriages will eventually end in divorce, so it’s no surprise that many people are quite unhappy with the way the divorce settlement has gone. You might not get exactly what you want on your end of the deal, or you might be having to pay alimony for years when you don’t think it’s appropriate. Thankfully, there are ways to change the settlement after it has been finalized, and doing so can help substantially when it comes to getting the most out of your after-married life.
The divorce settlement is done after you go through a court of law and have filed the appropriate paperwork. Divorce is difficult and takes a lot of time and energy from a person. It’s something that is both frustrating and liberating at the same time. Unfortunately, there may come a time when you are given a settlement that you don’t agree with, and the judge rules in the favor of your former spouse. This is why it’s imperative to look into changing the divorce grounds after they have been fully finalized, and it is actually easier than you might think.
Can The Circumstances Be Changed?
Any settlement in a court of law can be changed, but it requires a new case to be opened and for you to hire a reputable attorney. Once you hire an attorney, they will take care of all the paperwork for you and re-file the divorce in court. Your former spouse will probably not be happy about this, as this could mean they’d lose their alimony or winnings. It is also imperative that you re-open the case within six to 12 months of it being finalized. After that time, you may not be able to re-open the case and will be essentially stuck with the settlement.
Reasons to Change the Divorce Settlement
There are a variety of reasons you might want to re-open the settlement and get things changed. For one, you’ll find that it helps if you’re dealt with a large alimony payment that has to be made every month. Another reason to change the settlement is if you are losing half or even all of your belongings and feel that you’re entitled to more. This does not mean that reopening the case will entitle you to more and cancel out the alimony that you are required to pay, but there is a probability that things can and will change with the right legal aid.
Hiring a Lawyer
Before reopening your divorce case, it’s important that you work with an attorney who can take on the case for you. Not many divorce lawyers are willing to reopen cases because the chances of things being changed are slim, and so they might not get the win that they want. Make sure that you explain to the lawyer that this is a finalized case that is being reopened and they will be able to explain the process to you. This helps tremendously when you’re looking to change a settlement and don’t necessarily know how to do that.
What to Expect
It is important that you do not go into a reopened case with high expectations. The original judge ordered a settlement according to what they felt was legally fair, and it is likely that the second judge will do the same. Also, if you go to court with the same judge who settled the first case, don’t expect anything to change at all. This is why it might be a good idea to request a different judge for your case to see if things are able to be changed. Your lawyer will also be able to represent you in court if you are unable to attend.
Being able to reopen a divorce case is vital if you want to change a settlement and get what is rightfully yours. Unfortunately, many people take the settlement as a done deal and don’t pursue the case anymore, which leaves them paying expensive alimony for years or losing half of what they bought with their own money. A divorce lawyer will be the one who tells you if you’re able to reopen the case and get what you need. Once you reopen the case, expect to have to go to court within a matter of just a few weeks. Your former spouse will also be notified that the case was reopened and that they’ll need to attend court.