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What If I Need to Change My Divorce Settlement?

Posted by Gerald Williams 
· July 31, 2022 
· No Comments

Once a divorce is final, there is no changing the allocation of assets and liabilities, and modifying child custody, parenting time, child support and spousal maintenance requires a substantial change in circumstances. The exception to this is what is called “reopening the decree.” Under statute, the grounds for reopening are limited, and would require compelling circumstances involving: mistake, inadvertence, surprise, neglect, new evidence, fraud, or other grounds that render the judgment void or moot.

When someone has committed to an agreement in mediation, they will almost never qualify for a reopening. When a mediated agreement is reached, the process is specifically designed to avoid mistakes, inadvertence, inattention to contrary evidence and fraud. Moreover, family courts are especially loath to “mess with” mediated agreements, even if one or both parties is/was not represented by counsel.

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