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Reopening A Divorce Case.

We talked a little yesterday about reopening a divorce case due to a husbands pension. So I decided this morn to talk more about reopening a divorce case itself.  It is really hard to reopen a divorce case wither it is dealing with what we discussed yesterday your husbands pension or to reopen for other reasons.  I always stress the importance of a good divorce lawyer.  It does pay off in the long run to do a little research on your divorce lawyers and when you go to choose.  I do know most the time people are in such a hurry to just get it over with that they pay for it in the long run and sometimes do not even realize it.  It can be with how property was split and debt were split.  To simple typing errors that changed something.  It can be that you could have received alimony and did not take the time to do so.  So remember think about the importance of a good divorce lawyer.  Then  you may not have to reopen a divorce case or wish that you could.  As I have said before read your divorce papers all the way through before you sign anything!

Now reopening a divorce case of course can be done.  But just as I discussed with husbands pension.  You need to have hard evidence to why the case needs to be reopened.  You can not simply reopen it because you decided you did not get enough.  Now you have to research a good divorce lawyer to reopen the case.  Now a case can be reopened to explain things that you misunderstood in the divorce itself, but  you can not expect to get anything from that.  You need to show hard evidence that you were misguided, that there was unfairness, even misconduct or fraud in the divorce.  So there is a lot to go through to reopen, but if you feel that you were dealing with any of those above and have your proof you and your new divorce lawyer can go after it!  But let me stress the importance of getting it right the first time around..............RESEARCH your divorce lawyers. 

Posted: Oct 22 2008, 06:22 AM by Divorce | with 4 comment(s) |
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Comments

Colorado Divorcee said:

There is good news for Colorado residents who want to reopen their divorce settlements.

On September 5, 2007, (case # 93DR266), Judge Ronald G. Crowder with the 4th District Court of El Paso County, Colorado, allowed a woman to come back 14 years later to reopen her closed divorce case to get additional property benefits that did not exist at the time of the original divorce. Essentially, the ex-wife decided 14 years later that she wanted a life insurance policy on her ex-husband.  Unfortunately, she had not been eligible for SBP (Survior Benefit Plan) since she had remarried at age 34, 9 days after the divorce was finalized. A former spouse loses the right to SBP if they remarry before 55. The woman's four attorneys basically overlooked asking for a life insurance policy at the time of divorce.

Although her ex-husband owed her no financial support obligation of any kind (note--a share of a military pension is not an owed financial support obligation, it is considered property under federal and Coloado law, divisable as marital property), and no insurable interest was shown to exist, plus no grounds were established to legally reopen the divorce settlement under CO Rules of Procedure-Rules 59 & 60 which allows the reopening a property settlement within 6 months of a final divorce decree for fraud, etc.; the kind hearted Judge simply felt that since he had given life insurance to his ex-wife when they originally divorced, it was no big deal.

Judge Crowder ordered the ex-husband submit to a medical examination and cooperate with the issuance of a life insurance policy for the benefit of the ex-wife.

It is uncertain whether this will cause the clogging of the Colorado judicial system with endless renegotiated settlements, but it is certainly good news for divorcees wanting additional property benefits from their ex-spouses--beyond those granted in the final divorce decree.

# November 11, 2008 3:39 AM

Colorado Divorcee said:

On November 13, 2006 the Colorado Court of Appeals reversed the lower court (93DR266)decision granting an ex-wife the right to reopen her closed divorce settlement 14 years later to get additional property.    

# November 25, 2008 5:27 AM

needy1987 said:

Hi,

I got a divorce a year ago because my exwife cheated on me and had a baby which she lied saying it was mine. DNA test showed the contrary. She wants to reopen the case because on one of the divorce questions it asked if any children were born during marriage and we both put no because the kid wasnt' mine. Can she reopen the case and if so will i be affected?

# April 7, 2009 12:34 AM

Divorce said:

If there was DNA TESTING TO SHOW that the child was not yours, in the information I have read you should be fine....now have you been paying any child support or did you put your name on the birth certificate?  There could be a pinch of an argument, but with proven DNA that the child is not yours, its time for her to get her life together and quit blamming you!

# April 8, 2009 11:18 AM