11 Oct 17

can the divorce be retracted?

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Divorce is final. Once you’ve signed the papers, agreed to a settlement, and a judge has issued the divorce decree, it’s final. You are no longer married. You no longer have any legal obligation to this person aside from what you agreed to in your divorce settlement, and you are no longer required to run your decisions by this person for the rest of your life. Divorce is final, but the agreements are not always final. Even when the papers are signed, the divorce is final, and you’re living your life as a single person once again, the settlement paperwork is never final.

It can be retracted at any point. If you decide at some point during the divorce process or after that the settlement no longer works for you, you may work to have it retracted. There are so many ways this might work, so many reasons you might make this decision, and so many things to consider. The first way to handle this is to see if your ex is willing to ask for a retraction.

There are times during your divorce when your situation changes or when his situation changes. Perhaps you no longer need his child support payments because you are making good money and he is on the brink of financial disaster. You can ask the courts to change the agreement and take less money from him in an official capacity if you both agree to it. Retracting a decision that’s already been made and paperwork that’s already been filed is much easier if both parties agree to it. You can fight to have decisions like this retracted even if your ex is not on board, but it is a much more difficult fight.

Appealing This Decision

Once your paperwork is all made official, you can appeal the decision at any time. The way to handle an appeal is through an attorney who knows the law, the paperwork that’s required, and how the process works. You can do it yourself, but it’s done right and quickly when you let an attorney handle it for you. If you are looking for relief from the prior agreement made during your divorce, you must have either agreement from the other party or a good cause for asking.

– Fraud
– Misrepresentation
– Misconduct
– Neglect
– Mistake

Any extraordinary reason might suffice when it’s time to appeal a decision, but it must be extraordinary. If you find out your divorce settlement is not what it should be because your ex decided to hide some of his income by not reporting it to the court, it’s called fraud and misrepresentation. You can appeal the decision and provide the proof he lied and did not provide the correct paperwork. The judge then looks over your own paperwork and makes a decision regarding the retraction.

There are time limits to everything you appeal, and you must be able to prove your case to the judge within the time limit set by the court. You must have proof, you must know what you want, and the court gets to have the final say. If you cannot prove your case, the judge reserves the right to deny your request and tell you no when you want to retract the previous agreement.

It’s always helpful to have an attorney on your side when an appeal for a retraction is necessary. The time limit is small, and you don’t want to waste this precious time making mistakes filing paperwork an attorney is very familiar with. You might not be familiar with the law where your attorney knows precisely what to do, how to do it the right way, and when to do it to ensure it’s done correctly. Let your attorney know you want to retract a decision and let him or her handle the process.

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