Reopening a Divorce Case: Grounds and Tips

Few people get the divorce judgment they want. The court can reopen your divorce case if the divorce judgment is unfair to you. Below are possible grounds for reopening your divorce case, plus tips for success.

Grounds for Reopening

Only certain issues count as reasons for reopening divorce cases. Below are some of them.

Oversight or Mistake

Judges make divorce rulings after considering the available facts. Thus, an unfair ruling is possible if you make a mistake and don't provide a pertinent fact. For example, you might forget to list some assets if your spouse has multiple assets. You may petition the court to consider the assets you overlooked and make a new divorce judgment in such a case.

New Evidence

Reopening your divorce is also possible if you unearth new evidence that you didn't have before the court issued the initial ruling. For example, say you didn't know that your partner had spent thousands of dollars on an extramarital affair. The court would consider that the misappropriation of family resources and allow you to reopen the case.

Fraud

Lying or hiding assets during divorce can result in an unfair judgment, for example, you may get less property than you deserve if your partner lies about the true worth of their business or hides money in an offshore account. The court may reopen your case if you can prove the deceit.

Coercion

Lastly, you may also reopen your case if you can prove that you made some of the decisions under duress. Say you agreed to give up the marital home because your partner threatened to relocate with the kids if you didn't. Proof of coercion can help you reopen your divorce case.

Tips for Success

Reopening a divorce case is not always a straightforward affair. The court will only open your divorce case if you have compelling reasons for the same. Below are some tips to improve your chances of success.

Act Fast

You must file your application within a reasonable time. A delay would do injustice to your former spouse because they might lose some of the evidence they need for the case. Locating witnesses also becomes more complicated with time. State laws define what reasonable time means.

Negotiate

Ideally, the court shouldn't be your first port of call if you want to renegotiate your divorce judgment. Reach out to your former partner and see if you can negotiate an amicable agreement first. You can then take the agreement back to the court for ratification.

For one, an out-of-court agreement is likely to require less time and resources than court litigation. Secondly, civil courts have numerous cases and limited resources, so they encourage out-of-court settlements whenever necessary.

Prepare for Two Hearings

Expect at least two forms of hearings if you do go to court. First, the court will hold an initial hearing to determine whether you have legal grounds to reopen the case. You may get a feel of the general direction your case is likely to take during the initial hearing. A full hearing follows if the court determines the validity of reopening the case.

Consult an Attorney

Reopening and winning a divorce case requires legal expertise and experience. Don't forget that the court will not just reopen your case because you feel aggrieved. Consult a divorce attorney to scrutinize your case and advise you before filing the reopening application.

Note that you can use your previous lawyer or hire a new one to help reopen your case. The Kalasnik Law Office has decades of experience in the legal industry. We can help you handle your divorce case and even reopen it with acceptable grounds. Contact us for consultation on your divorce case or any other family law issue you may have.