A divorce settlement is the part of the divorce process in which the couple sits down and hopefully has a civil conversation for a fair and practical division of assets, custodial issues, and financial marital items. It doesn’t always go smoothly, however, and you might later wonder, can a divorce settlement be changed?
The answer is yes, in certain situations. While a good divorce settlement can pave your future in several ways, few people ever get everything they want in the end. In most cases, the issues are easy to change, either right before the divorce finalizes or after the final judgement happens if there are specific concerns.
Of course, there’s almost always some form of duress during the settlement procedure, and in rare cases, post-judgment actions need to be appealed. But what are some reasons you may need to change your divorce settlement?
1. There was deceit or fraud
All facts are supposed to put on the table during divorce settlement discussions, and special documentation, such as bank statements and tax records, are useful to verify those details. However, sometimes exes are deceitful or attempt to hide earnings or other assets from their soon-to-be-ex to avoid splitting or losing them altogether.
This is considered fraud.
Moreover, it’s illegal. Thus, if you discover your ex has been fraudulent in their claims during the divorce proceedings, you can appeal for post-judgment actions to reflect those findings in your favor.
2. Undue duress at the time of negotiation
Pressure is the name of the game when it comes to making life-changing decisions during the divorce process. But that’s no reason to bully your ex.
If you’re put through undue duress to settle the divorce and later realize you’re dealing with an unfair settlement on your end, moderation or an appeal might be possible. Reach out to your legal team, such as a Michigan divorce lawyer, to discuss your concerns and see what can happen to help your situation.
Can a divorce settlement be changed? 2 more reasons:
3. Sudden or unfair financial or life changes
Life can change on a dime, and when it comes to financial matters most divorce agreements are set in stone. However, some financial modifications are possible if both ex-partners agree or at least are willing to consider the adjustments.
Forced or unexpected retirement, a new marriage, or a sudden financial windfall can potentially reopen a case and benefit the spouse who is in need of more support. If your ex knew about any of the impending financial changes and didn’t disclose that during the divorce procedure, that secrecy will work in your favor to have legal modifications.
4. Significant changes in child custody arrangements
Lastly, can a divorce settlement be changed when it involves child custody changes?
Once child custody arrangements settle in court, they’re usually pretty well set – at least for a while. Courts and parents always have the option to adjust those over time and as the needs of the children change.
However, sometimes changes happen quickly and, in that case, the courts and parents need to reconsider the plan for the health and welfare of the kids. Situations that can affect child custody needs are:
- Parental behavior towards the kids
- Continual conflict
- Loss or drastic change in income
- Relocation
- Tax fluctuations
- Healthcare alters
- Life insurance changes
Answering ‘can a divorce settlement be changed?’
If you feel any of these 4 types of situations apply, contact your Michigan divorce lawyer as soon as possible. This expert can help yu determine legal options to adjust your post-judgment actions and improve your settlement.
Marriage is sacred once entered should be respected
It’s sacred, yes.
Great post Christy. In my country I don’t think it can be changed. But maybe there has been a clause nobody has been aware of
It’s interesting to learn the clauses – and another article could even be on country differences in laws regarding divorces! Thanks Shalini for being here.