Can you appeal or modify a divorce judgment?

| May 17, 2019 | Divorce

After you’ve gone through a divorce, you may believe that’s all there is to do. However, there may be times when you need to appeal or modify the divorce decree.

After a judgment is entered, and your divorce is finalized, you and your now ex-spouse have a right to appeal the decision to a higher court. Usually, the new judge will defer to the previous judge’s decision, but it’s possible for the next judge to overturn the previous judge’s decision.

Can you appeal a settlement if you both agreed to it?

In most cases, if you both agreed on a settlement, then you won’t be able to have it overturned on an appeal. However, if there are problems with enforcing the agreement or there was harassment or coercion used to get you to agree to the settlement, you may be able to have the settlement thrown out. Your attorney will work with you to prove that the settlement shouldn’t stand if you feel that you were taken advantage of or were forced to sign an agreement you were not happy with.

Why is a motion to modify the divorce decree used?

Sometimes, the decree needs to be modified. For example, you might be receiving alimony, but if you get remarried, your ex-spouse could appeal to the court to modify that agreement and stop paying you.

If there is something you’d like to appeal or change about your divorce decree, your attorney can help you put together an appeal or modification request for the court and argue your case for change.




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