Can I reopen my divorce settlement?

Can I reopen my divorce settlement?

It is possible to reopen a divorce financial settlement, but extremely rare. However, a precedent set during the case of Barder vs Barder (1987) means that a court may allow a financial settlement to be reopened if something later happens that alters the principle on which the original consent order was made.

Can you reopen a divorce case in California?

In California, a divorce settlement is only able to be re-assessed or reopened if there are exceptional or compelling circumstances at hand, which often center on fraud or misrepresentation in court.

What can I do if my ex wife refuses to work?

If they refuse, your lawyer can head to court to seek other options. If your ex-spouse voluntarily becomes unemployed during divorce, you or your lawyer can ask the courts to order them to undergo a vocational evaluation which creates evidence of their earning capacity.

What is fair in a divorce settlement?

People facing a property settlement at the end of a marriage or de facto relationship often assume that it is “fair” that each party to the relationship receive 50 percent of the assets, debts and superannuation.

How is divorce settlement calculated?

A fair settlement should first identify marital and separate property and address only how marital property is divided. You should also look at your state’s laws on how property is divided. States usually follow one of two ways to divide the property: 50/50 (community property states) or through equitable distribution.