Simply because you agreed to the terms of your divorce does not mean that you cannot go back to Court to re-litigate an issue decided during your uncontested divorce. It is common sense that hiring a family law attorney to represent you when pursuing an uncontested divorce is important and beneficial. An attorney can help ensure that you understand your legal rights, that all necessary Court filings are drafted properly, and that all issues are brought up for discussion. Failure to file proper documents or disclose all necessary information can result in your paperwork being delayed or rejected by the Court, or simple mistakes that can cost you thousands of dollars. The following article discusses when it may be possible for parties to revisit Court to argue a matter that was previously decided during their uncontested divorce. Contact The Law Office of Anthony Griego today to speak with one of our experienced attorneys.
Many times, after an uncontested divorce is finalized, one or both parties may become dissatisfied with the way issues were resolved in their settlement agreement. I commonly hear “my ex-spouse is paying too much (or not enough) alimony”, disputes in child custody or visitation, and arguments over property division when divorced clients ask me if they can reopen their divorce case. When couples choose to divorce in New Mexico utilizing the uncontested divorce process, they typically waive their right to take any issue that was agreed upon back to Court to relitigate.
Legal Exceptions That Allow Divorce to Be Revisited
There are limited exceptions where ex-spouses find themselves back in front of a Judge to argue their case. These include:
- Your uncontested divorce may be modified as it relates to child custody / parenting time and/or child support.
- Additionally, your divorce can be reopened if fraud or misrepresentation occurred (hidden assets), duress or coercion, a mutual mistake occurred or there were procedural defects with the way your case was handled.
When Child Support Orders Can Be Changed
Issues related to child custody can typically be modified by the Court if there has been a substantial change in circumstances such that the current custodial arrangement is no longer in the best interest of the child. Examples of this may include if a parent relocates, begins using drugs, or becomes incapacitated. New Mexico allows for the Courts to modify a child support award if one parent’s income changes dramatically. Another common issue that ex-spouses fight over involves ongoing spousal support payments. If your divorce decree expressly states that your alimony award is subject to modification in the future, you may be able to revisit that issue years down the road if, for example, your ex-spouse suddenly makes significantly more money. If your order expressly states the opposite, that your spousal support award is non-modifiable, then both you and your ex-spouse may be stuck with the alimony award regardless of any change in circumstances. Lastly, if your spouse is not following through on their end of the bargain, such as paying their share of marital debt or selling the marital home, you may be able to reopen your case in order to enforce an existing order. The Court may even find your ex-spouse in contempt of Court if they willfully choose not to comply with the terms of the settlement agreement.
Final Thoughts on Reopening Divorce After Divorce is Finalized
As you can see, there are very limited circumstances where you can revisit issues previously decided during your uncontested divorce. Just because you regret your decision or you think you can get a better deal from the Court does not mean you will be successful in reopening your case. Again, this is why it is so important to hire an attorney to represent you during your divorce. You should never sign a settlement agreement you do not fully understand. Many spouses agree to unfair terms just to get the divorce over with only to find out years later they were stuck with a raw deal that’s not fair. Don’t let an uncontested divorce affect you for the rest of your life. Call The Law Office of Anthony Griego today at 505-508-3110 to schedule your consultation with one of our attorneys
