Reopening a divorce agreement is generally not something allowed under Georgia law, but there are exceptions to the rule. Your agreement can be reopened, but only in certain cases and under certain conditions. If you feel that your agreement is unfair and needs to be changed or if there are extenuating circumstances in your case, contacting an attorney may be the right thing to do. Here's what you should consider before requesting the reopening of your case.
A divorce amendment cannot annul a divorce or change things such as the division of property, the assignment of liabilities for debts, business ownership, etc. A divorce amendment is a formal legal process that changes existing terms in a divorce settlement agreement or parenting plan. A divorce modification can be used to modify or alter the terms of most points of a divorce, except to annul the divorce itself. If you're wondering if your divorce agreement can be reopened and you think you have a compelling case, talk to a Stearns-Montgomery attorney today & Proctor.
If your divorce has already been finalized, but you and your former spouse want to change your mind, there's not much you can do besides remarrying. Another example, provided by the Georgia Divorce Online website, is that changes in custody or visitation orders can be obtained if substantial changes in the parents' lifestyle threaten or harm the child. Soon after you file your divorce documents with the local court, you should go to the county clerk and request the petition. If a couple changes their mind about the divorce and wants to stay married, they can withdraw their petition for divorce to stop the process before it begins.
Then you can have peace of mind knowing that you have done everything possible to protect your interests in your divorce settlement case. If the divorce agreement has not yet been finalized, you can file a motion to ask the court not to rule on the agreement, which would end the process. In other words, one spouse discovers, after the divorce was finalized, that the other spouse had secret retirement accounts, some additional property, an investment account that was never disclosed, etc. Trying to end a divorce can be extremely complicated and tedious, so it's best to work with a legal professional. For example, if your divorce is final on May 1, 2024, you will have to wait until May 2026 (two years) to request changes from the court.
If the divorce agreement has already been signed and the judge signed the divorce decree, you may be able to overturn the judge's decision.
