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.
The law does not allow a divorce resettlement to be reopened in Georgia. The law, however, has exceptions in this regard. It is possible to reopen their settlements, but only under particular circumstances and under specific conditions. In such a scenario, contacting an attorney might be the most appropriate thing to do.
The particular reason for this is that sometimes there are scenarios in which unfair agreements are reached and need to be modified, or sometimes the situations are very complex, so asking for the help of an attorney can be a smart option. In short, it's rare for a divorce agreement to be reopened. The court will consider reopening a divorce agreement only in exceptional cases, either when a spouse has failed to provide full and frank information about their assets and income in the divorce process or when there has been a substantial change in the spouse's circumstances since the agreement was reached. Explore our free Divorce Law Center at Georgia Divorce Last 30 Days Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions.
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The court can reopen your divorce case if the divorce decree is unfair to you. Below are possible reasons for reopening your divorce case, plus tips for succeeding. To reopen your divorce case, you will need to file a petition with the court and allege one of the issues mentioned above. It's not enough to be unhappy with the result.
Before proceeding with the appeal of your divorce agreement, you should consult with an experienced attorney (such as ours at Casey, Simmons & Bryant, PLLC) to make sure this is in your best interest. Under Georgia law, divorce proceedings can only be overturned when the judgment was handed down as a result of fraud, accident, or error, or if the adverse party's conduct is not related to the plaintiff's carelessness or fault. If you decide to initiate resettlement before the final decision on the case has been made, taking into account that the circumstances of the case have changed and that both parties have reached a peaceful agreement, your chances of success in the challenge increase. The cases are historic cases, since they establish the legal principle that it must be assumed that, in the event that one of the parties does not disclose fraudulent information during the negotiation of a financial agreement, the consent order will be rescinded when the other party asks the court to do so. For the reasons mentioned above, if you are planning to reopen a divorce resettlement in Georgia, it would be a smart choice to consult an experienced attorney beforehand.
Consult a divorce attorney to discuss your case and advise you before filing the reopening request. Whether or not the final judgment on the case has been issued determines the course of your divorce proceedings. There is a well-established requirement to provide full and frank information to parties in supplementary financial redress procedures to divorce. It's not uncommon to end the process with a mix of feelings and, in some cases, frustration or disappointment with the way your divorce was resolved.
Lying or hiding assets during a divorce can result in an unfair judgment; for example, if your partner lies about the true value of their business or hides money in a foreign account, you may receive less assets than you deserve. If all else fails, you can always request a modification of the final judgment that incorporates the agreement based on a change in circumstances with regard to things that may change in the future. Founded in 1988, Stearns‑Montgomery and Proctor provides competent legal advice and advocacy in the areas of divorce and family law, including child support and custody, alimony and spousal support, paternity and father's rights, and adoption. In case you are wondering if your divorce agreement can be reopened and you think you have a strong case, contact a Cheap Uncontested Divorce lawyer right now.
Objections to agreements are highly time-dependent, so you should contact an attorney as soon as possible to learn about your rights and determine if you are within a reasonable amount of time to file a lawsuit against the other party. If by “pending” you mean that it has already been dismissed or that a final judgment and a divorce decree have been issued, then no, the case is over and will not be returned to open.
