Saturday, January 19, 2008

Once The Divorce Is Finalized

Can property or custody rulings be contested after the divorce is final?

When the divorce is final you have a judgement. And when that judgement allocates property assets and debts between the divorcing parties, that allocation is permanent. And the only way to do something about that would be to have the judgement set aside for some defect, some flaw, some procedural issue. Custody and visitation is never permanent.

What is the first step I must take in order to contest a divorce ruling?


If you want to contest a divorce ruling, you really need to confer with a divorce professional and find out what's going on. There are different types of ruling. There are initial rulings, interim rulings and final rulings, and each one is a process that's going to be a little different. So this is not something you're going to want to do on your own; you're going to need some help. I recommend finding a highly qualified, experienced family law professional; ask the question there.

What must I prove in order to have a divorce ruling overturned?

If you're unhappy with a divorce ruling and you want to have it overturned or changed, you really need to consult with a professional because each type of ruling has a different protocal. So, if this were a ruling that, let's talk about child support for example. If the ruling was based on incorrect information or if between the time of the hearing and the time of the ruling there was a change in income, then you wouldn't need to overturn the ruling at all. You'd simply go back in and say I need child support recalculated based on the change in circumstances. So, you wouldn't even have to have the ruling undone, shall we say. If this is a more serious issue like a permanet order or a judgment, there's an appeal process. There are motions for new trial. There's all kinds of procedural processes that are highly technical. So, if you're thinking about this and you're out there on your own, consult with a really well-qualified family law specialist.

How long is the process of contesting a divorce ruling?

The life of time it takes to contest a divorce ruling really depends on what you're doing. So for example, if you're filing a motion for a new trial or reconsideration, you're probably gonna be in court in about 30 to 45 days depending on the jurisdiction you're in. If you're talking about an appeal, you're talking years. So the answer to the question lies in the details of the question what it is specifically you're trying to overturn or change.

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