If you received an unfair divorce settlement in your case, it may be possible for you to have the court reopen your case. However, the terms of equitable distribution are not subject to modification because of changed circumstances. The only way you can have the court reopen your case is to prove that there are exceptional and compelling circumstances. This usually means that you have to show that the enforcement of the terms of equitable distribution would be oppressive, inequitable, and/or unjust.
How to Reopen Your Divorce Case
An application to reopen your divorce case has to show one of the following:
- Fraud
- Misconduct
- Mistaken negotiations
- Fundamental inequity or unfairness in the divorce agreement
It is very difficult to reopen a divorce case. You must show hard evidence that the divorce agreement was based on deceit, fraud, or a major mistake.
Some Circumstances Where Reopening a Divorce Case Is Possible
Two main circumstances where a wife can have her divorce case reopened involve duress and undue influence.
Most wives undergoing a divorce are under extreme duress. If the husband used psychological pressure and threats of violence to force the wife to accept an unfair divorce settlement, it is possible to argue that her consent was not valid and to have the divorce case reopened.
Husbands will often use economic leverage, such as withholding mortgage payments, in order to force their wives to accept unfair divorce settlements. Many wives’ primary concern is having a roof over their children’s heads, so they accept the unfair divorce settlement. Circumstances such as this could provide wives with the opportunity to prove that there were compelling circumstances that would grant a reopening of their divorce cases.
Obtaining Legal Help
An unfair divorce settlement can be a trying time for the person who received the unfair settlement. An established and experienced divorce attorney will know the federal and state laws that apply to your case and will present the strongest possible argument in order to prove that your divorce case should be reopened.
