Can you revisit a divorce settlement?
Instead, most divorces require compromise from both sides in order to resolve the case. However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it’s unjust.
Can you reopen a dismissed divorce case?
You can attempt to have the case reopened through filing a motion to reopen. However, the decision to reopen is up to the judge, and one major thing the judge will consider is the length of time the case has been dismissed.
Can you get a divorce reversed?
If the divorce settlement hasn’t yet been finalized, you can file a motion to ask the court not to rule on the settlement, which would put a stop to the proceedings. If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge’s decision.
Can a divorce financial settlement be reopened?
However, a financial settlement may be reopened if something later happens that alters the principle on which the original consent order was made i.e. where there has been a material change in circumstances. The new events must have occurred within a relatively short time after the consent order was made.
Is inherited money marital property?
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.
Is an inheritance included in a divorce settlement?
Money or property that you’ve inherited are not automatically excluded from the assets to be divided. Every case is different and depends on individual circumstances including the size of the inheritance, when you received it, how it was dealt with during the marriage, and what the financial needs are of both parties.
Is it illegal to hide assets from your spouse?
Hiding assets in a divorce is illegal Because California is a community property state, there are very few assets that are not split unless they were yours before you were married or you have a prenuptial agreement in place. Examples of joint or shared assets include: Properties, including rental properties.
What should I ask for in a divorce discovery?
Written questions called “interrogatories” or “requests for admission.” Using these discovery tools, your spouse must answer questions in writing, or admit specific statements that you believe are true. Inspection demands. You can ask to inspect property like a safe deposit box or wine collection.