During negotiations between parties for a divorce settlement, it is very difficult to reach an agreement that satisfies all parties. In many cases, the divorce process is expedited through negotiation and compromise between the parties. Sometimes, however, the agreement reached through compromise doesn’t meet your expectations or feels unfair. So, is there any way to undo or challenge the agreement you signed after your divorce?
To start with, yes, there is. However, a simple change of heart or regret after a divorce cannot cancel or alter the terms of the agreement. If you believe the settlement is truly unfair or unjust, you can ask the court to review your case by filing a petition. However, this only applies in exceptional circumstances, and the courts are not easily persuaded. That’s why you’ll need to follow your state’s specific statutory provisions for appealing and submit a petition with evidence to convince the judge of exceptional circumstances and the need for a modification of the agreement.
You can ask the court to modify the agreement if any of the following things happened during time of the settlement or divorce process:
- Fraudulent or false – One spouse withheld information during negotiations or provided false information about essential facts, such as the existence or true value of an asset.
- Coercion or Undue Influence – One spouse threatened or coerced the other to accept and sign the agreement.
- If you misunderstood an important fact during negotiations, or if there is a fundamental inequality or unfairness in the divorce settlement itself.
To challenge a finalized divorce settlement like this, you’ll need to show that the settlement itself is invalid for various reasons, or that there was something oppressive, unequal, or unfair about the settlement process.
Because it is very difficult and legally complex to reopen a case by petitioning to appeal a final judgment of divorce, we recommend that you consult with an experienced family law attorney in your state. If you have any question, please contact us at mail@songlawfirm.com.