When can a divorce settlement be changed?

On Behalf of | Jan 25, 2018 | Family Law

Just because a divorce has been “settled” already, it does not mean that there are not certain things that you can do to alter it after the fact. This might be in relation to real estate or alimony.

There might be some issues that in practice do not work as well as they did on paper. It might be that just one former spouse or both former spouses that feel this way, and in these cases, motions and appeals for modifications can be made.

How can appeals be made?

When it comes to appeals, it can be very difficult to file successfully unless the circumstances are complicated and rare. This is because a judge’s ruling is usually respected, given for a good reason and is usually regarded as final. However, you might want to start an appeals process by providing a legal argument along with the appropriate references to the case.

How can motions for modification be made?

Modifications are much easier than appeals because it does not need to include the challenging of the court’s ruling. It is more of an acknowledgement that the circumstances of your life have changed, rather than trying to argue that the original ruling was inappropriate. You can file a motion for modification by getting in contact with the court that you filled your divorce originally.

Divorce settlements can leave a legacy for the rest of your life; therefore, it is important to make sure that they are fair and in your interests. An attorney can help you learn about your options before deciding to make an appeal or modification.

Source: FindLaw, “Appeals and motional to modify the divorce judgment,” accessed Jan. 26, 2018