How often are divorce cases successfully reopened and why?
Can Divorce Case Be Reopened
Divorce is never an easy process, both emotionally and legally. The process of ending a marriage can be quite daunting, taking months or even years to finalize. By the time a divorce is granted, couples may want to put the experience behind them and move on with their lives. However, sometimes even after a divorce case is finalized, one or both parties may realize later on that they need to address issues that were overlooked or not resolved during the divorce settlement. This raises a question whether the divorce case can be reopened.
Reasons for Reopening a Divorce Case
There are several reasons why one may want to reopen a divorce case. A common reason is discovering that a spouse has concealed assets that should have been accounted for during the divorce proceedings. This can include bank accounts, properties, businesses, and investments. A failure to disclose these assets can result in an unequal distribution of property or spousal support.
Another reason is a change in circumstances that would warrant a modification of the original divorce decree. This can include a significant change in income, changes in child custody arrangements, and instances of parental alienation. In some cases, new evidence that was previously unknown or not available during the divorce proceedings can also lead to the reopening of a divorce case.
Is It Possible to Reopen a Divorce Case?
Yes, it is possible to reopen a divorce case, but it is a complicated and challenging process. Courts have the authority to reopen a divorce case, but a party must show good cause for the case to be reopened. The requesting party must provide evidence of new facts or circumstances that were not known or could not have been reasonably discovered at the time of the divorce. The court will also consider whether reopening the case is in the best interest of the parties involved.
The Importance of Consulting with an Attorney
If you are considering reopening your divorce case, it is essential to consult with an experienced family law attorney. An attorney can help you determine whether you have a valid reason to reopen the case and assist you in gathering the necessary evidence. They can also advise you on the potential risks and benefits of seeking a modification of the divorce decree.
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In conclusion, reopening a divorce case is possible but may involve showing good cause for doing so. It is also crucial to consult with an attorney, who can provide the necessary legal advice and guidance. Hopefully, this article has provided you with essential information regarding the reopening of a divorce case.
Overview
When a marriage ends, couples must go through the legal process of divorce. In some cases the couple may agree on the details, while in other cases a court may determine the results. In some situations, however, a divorce may be reopened to make modifications to the original agreement.
What is a reopening?
Reopening a divorce means making changes to the original agreement. These changes may include modifying or changing custody arrangements, changing spousal and child support, alimony or property division decisions or changing any other standing order. It is important to note that in most cases, the original agreement will remain in effect until an agreement is formally modified or overturned.
When will a divorce be reopened?
Divorces are generally only reopened in circumstances when there have been material changes to the couple’s lives. Material changes that can1 justify reopening a divorce can include changes in the financial situation of either party, changes in custody arrangements, changes in the ability of either party to support themselves, changes to the wishes of either spouse or family members, or changes to the living situation of any children involved.
The process
Reopening a divorce case can be a long and difficult process. It is important to contact a lawyer to make sure that all the requirements for reopening are met. If the divorce case is reopened the agreement must be presented to a judge and the couple may need to provide evidence justifying the modifications or changes they seek.
Conclusion
Divorces can be reopened if significant changes to the couple’s lives warrant a reevaluation of the agreement. If you are looking at reopening a divorce, it is important to contact a lawyer to ensure that all legal requirements for reopening are met.