10 Divorce Mistakes That Could Cost You a Fortune
If you and your spouse agreed on a settlement during your original divorce proceedings, appealing the decision can be next to impossible. Your next option is to have your divorce agreements modified. With the help of a family law attorney, you can file a motion to modify the divorce decree in light of new evidence.
While spending money you shouldn't be spending—or don't have—is generally the most common financial mistake people make during divorce, there are several different ways this mistake can play out. You could compromise your divorce settlement if you: 1). Spend crazy amounts of money on yourself.
Appealing a Court's Decision
Whatever the case may be, you have the right to request an appeal of your divorce decree. Once you receive your divorce settlement and it is signed into effect by a judge, you have 30 days to file an appeal.
A fair settlement must identify marital property and separate property. If one spouse owned property or assets prior to the marriage, and those assets haven't been commingled, that spouse should receive that property in the divorce settlement. An inheritance or gift received by one spouse is also separate property.
A judge can order your wages garnished if you fail to make payments required by the divorce order. Money will be taken from your pay check to put towards your past due payments before you receive it. There are legal limits on how much money can be garnished.
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.
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Whether your former spouse is trying to change their child support payments, alimony payments, or custody terms, they can bring you back to court to try to modify the divorce order.
An individual will be required to prove that the divorce settlement was signed under the influence of duress. One way that individuals attempt to prove that duress existed is eyewitness testimony, which can prove invaluable in a duress claim.
The result of this means any Decree Nisi or Decree Absolute that is granted is null and void, and if someone has subsequently re-married the marriage is invalid. It would appear that there have been some cases which have inadvertently granted divorces when the time frames have not been properly complied with.
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