Divorce settlements are hard to undo. Learn the narrow legal grounds, like fraud or duress, that might let a court reopen and set aside a divorce agreement.
Very rarely (if ever) will divorcing spouses get everything they want in a divorce settlement agreement. Instead, most divorces require compromise from both sides to resolve the case. As a result, many divorced spouses believe that they got a raw deal. But that doesn't necessarily mean they 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 or that the enforcement of the terms of the agreement would be oppressive, inequitable, 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 (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 (one spouse used threats or coercion to force the other to accept and sign a settlement agreement)
- mistake (both spouses, or just you, were mistaken about a material fact—or a point of law in some states—when the agreement was made)
- failure to disclose assets (your spouse hid, undervalued, or failed to report income, property, debts, or other financial information that should have been part of the settlement negotiations), or a
- fundamental inequity or unfairness in the divorce agreement itself.
Getting Legal Help
Reopening a divorce case can be very challenging and legally complex. It's wise to consult with an experienced divorce lawyer in your area to determine whether you have a good case and how to get started.
Every state imposes a deadline for filing this kind of motion, often a year or less from when you discovered the problem, so don't delay in consulting with an attorney.
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