Did you know that you can reopen or appeal your divorce case after its "finalized?" This is possible if you think the divorce decree wasn't right and you have a legal basis for your claims. Here are some of the grounds that may allow you to reopen a divorce case:
Fraud is one of the most viable grounds for reopening a divorce case or appealing a divorce decree. For you to succeed with the petition, you must prove that the fraudulent act was material to the case. That is, you must prove that the divorce would have taken a different turn without the influence of the fraudulent act. For example, you may be allowed to reopen your divorce case if you can prove that your spouse hid some of their funds in an offshore account, and the funds weren't accounted for during asset division, child support determination, or alimony determination.
Secondly, you may also reopen your divorce case if you have realized that you made a mistake that ended up affecting the outcome of the divorce. This may be the case if you made a mistake during negotiations with your former spouse or when testifying in a litigated divorce. As an example, assume that you didn't know that the tech startup your partner joined during your marriage automatically awarded shares to its early employees of which your partner is one. If you have discovered the mistake and have the proof for the claim, then the court may allow you to reopen the case.
Coercion, duress, or threats are also automatic grounds for reopening divorce cases provided you have the proof for your claims. Coercion may take different forms during a divorce. For example, your partner may threaten to kidnap the kids if you don't give them the marital home, or they may threaten to ruin your professional reputation if you don't shoulder a bigger share of the marital debts.
Lastly, you may also reopen your divorce case if you believe the divorce settlement was unfair for you. Chances of succeeding with such a claim are slim if your divorce was litigated or if you were represented by a lawyer during the divorce. Divorce unfairness usually plagues negotiations or agreements without legal representation or consultation, which is another reason you should not go through a divorce without consulting a lawyer.
Ideally, you should get a lawyer to help see to it that your divorce goes right the first time. However, all isn't lost if you didn't have a lawyer and justice wasn't served; you can still get one to help you appeal the divorce.
For more information, visit sites like http://www.siouxlandlaw.com.Share