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Can A Divorce Case Be Reopened?

One of the questions that does come up on divorce is can I reopen my divorce case?  Some people think they receive a really bad deal and settlement.  This is why it is so important to research your lawyer more, it may help you, years of experience is important. The application to reopen a divorce case is if you can present there being fraud, a misconduct or mistaken negotiations.  Also if you can show any unfairness in the divorce agreement.  It is also very difficult to prevail any time you reopen a divorce case.  You can simply not claim a mistake or just say that the agreement is unfair.  There has to be hard proof in the divorce agreement that there was a major mistake, fraud or deceit.  The application has a major burden to convince a court to reopen a divorce case.  In the family court, there is a predisposition that enforces any divorce agreement.  Although there is countervailing doctrine that says all divorce agreements must be equitable and just. In other cases it is very possible for a person to reopen a divorce case if they need help with clarifying some terms on the settlement agreement on property.  A lot of times these agreements are poorly drafted and confusing to read.  Most the time after a divorce couples are very bitter towards one another and it is impossible to discuss anything on the agreement issues.  The post judgment aspects of the divorce are more contested that the divorce itself.  So if the property settlement is confusing and does not give proper guidance then a person can file a motion with family court to reopen the case.  This is called a reformation of the divorce agreement; it is not a modification of the divorce judgment, but merely recognition by the court that the settlement and property agreement does not accurately express all the terms of the divorce.  It can also be reopened if the property settlement missed important terms or has significant gaps.  In most cases it’s that the parties fail to distribute their assets.  The parties also fail to agree on how the credit card debt will be paid.  Many people do not think properly during a divorce case, and then after it’s over, realize the divorce settlement has many holes in it. In any case, this is why choosing the right lawyer is important, finding a law firm that is committed to providing you with the best service are important, especially in this time when you may not be thinking correctly.  Your attorney should have special training in the field of collaborative law, which helps parties in resolving the differences.

 

Posted: Nov 12 2007, 08:04 AM by Divorce | with no comments
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