How to Challenge an Unfair Divorce Settlement

Updated by , Attorney
Considering Divorce? We've helped 85 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Very rarely (if ever) will divorcing spouses get everything they want in a divorce settlement. Instead, most divorces require compromise from both sides in order to resolve the case. As a result, many divorced spouses believe that they got a raw deal. This doesn't mean that they all have grounds to head back to court and set aside their divorce settlements.

However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it's unjust. You should know that you will have a very heavy burden in terms of getting a divorce settlement turned over. The exact legal showing you need to make will depend on the specific laws of your state, but generally speaking, the only way to have the court reopen your case is to show a judge that exceptional and compelling circumstances exist. This usually means that you have to prove that the settlement agreement itself is invalid for some reason and/or that the enforcement of the terms of the agreement would be oppressive, inequitable, and/or unjust.

How to Reopen Your Divorce Case

You will have to file a motion or petition (legal paperwork) with the court. An application to reopen your divorce case has to allege one of the following:

  • deceit or fraud (for example, your spouse concealed information or gave you false information about an essential fact, such as the existence or true value of an asset)
  • duress or undue influence (where one spouse used threats or coercion to force the other to accept and sign a settlement agreement)
  • mistaken negotiations (you were mistaken about a material fact that influenced the negotiation or agreement), or
  • a fundamental inequity or unfairness in the divorce agreement itself.

Duress and Undue Influence

Most spouses undergoing a divorce are under at least some sort of duress, meaning pressure to get the case settled. However, if one spouse used psychological pressure or threats of violence to force the other to accept an unfair divorce settlement, that is considered extreme duress and undue influence. Under these circumstances, it is possible to argue that consent was not valid because it was not free and voluntary and to have the divorce case reopened.

Getting Legal Help

Reopening a divorce case can be very challenging and legally complex. It's wise to consult with an experienced family law attorney in your area to determine whether you have a good case and how to get started.

Considering Divorce?
Talk to a Divorce attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you