Can You Challenge a Divorce Decree Years After Divorce?
Family Law is certainly not an exact science. Divorce decrees can sometimes unfairly favor one spouse over the other. In many cases, the male spouse tends to face an unfair bias. If your divorce took place years ago, but you feel that you are paying more in alimony payments than you should be, or still feel that any aspect of your divorce decree is unfair, you might ask, is there anything you can do about it now?
The good news is that there are a couple different methods for challenging a divorce decree, even years afterward. The only problem is that you need to go about the process carefully, and with well-experienced and knowledgeable legal support. You may try to either appeal your divorce ruling by trying to have the judge’s original decision overturned, or you can attempt to have your decision modified in the face of new information. Throughout either method, you will need strong evidence to support your case.
When attempting to use an appellate court, you will need to be able to prove that there were errors in the original divorce court case that caused the rulings to be unfair. When appealing a judgment, you are typically not permitted to submit any new evidence. You will need a skilled appellate lawyer who can demonstrate, using the previous court records, that the judge’s decision was unjust. If you and your spouse agreed on a settlement during your original divorce proceedings, appealing the decision can be next to impossible.
Your next option is to have your divorce agreements modified. With the help of a family law attorney, you can file a motion to modify the divorce decree in light of new evidence. When filing this motion, you are given the opportunity to demonstrate why new circumstances give reason for the judgment to be modified. For example, if you have recently lost your job, the courts can take this into consideration and adjust any spousal support or child support payment amounts. Also, if living arrangements have changed, or if your spouse has been convicted of a crime, child custody can be reconsidered as well.
In order to have your divorce rulings to be changed or overturn, you must be able to prove to the courts that there is valid reason for these changes. This can be a very challenging task, but with a qualified family law attorney, it is certainly possible.