Reaching a divorce settlement is a great way to reduce the time your divorce case takes and associated costs with litigation. However, you may discover something was wrong with your settlement after you signed on the dotted line. An experienced divorce lawyer from Stahly Mehrtens Miner LLC can review your case and explain whether you have grounds to challenge your divorce settlement.
Aspects of Your Divorce Agreement That Can Usually Be Modified
While a divorce settlement is usually viewed as final, there are some aspects of your divorce agreement that can typically be modified as circumstances change, such as:
- Child custody – Situations may change that warrant modifying your child custody arrangement. For example, one parent may relocate, a child may prefer to live with the other parent, or another significant change could provide the basis for a modification of child custody.
- Child support – Child support is also modifiable. Situations can warrant an upward or downward adjustment in the amount of child support, such as changes to a parent’s income, work status, or child’s needs.
- Spousal support – Spousal support awards can be modified when substantial changes in either spouse’s financial circumstances arise, such as job loss, disability, or remarriage.
To modify your divorce settlement, you must file the proper paperwork, requesting the change you want. The court may schedule a hearing and require you to prove a significant change in circumstances. Our divorce and modification lawyers can help you with this process.
Other Grounds for Modifying Your Divorce Settlement
Other than the modifiable assets of your divorce settlement, Colorado courts, under C.R.S. § 14-10-122, may allow you to challenge a divorce settlement if you can prove any of the following affected your divorce settlement:
Fraud
Divorce courts in Colorado may allow you to revise your divorce settlement if you discover after its signing that your spouse hid or misrepresented your assets. For example, your spouse may have hidden a bank account, failed to disclose marital property, or hid assets with a friend or family member. If this property should have been included in the divorce settlement, it’s only fair to account for them in your settlement.
Coercion or Duress
If you only entered into the divorce settlement due to threats, coercion, or being blackmailed, you may be able to challenge the divorce settlement. For example, a spouse may threaten the other to give up jointly owned property. The court can invalidate the divorce settlement if undue pressure or influence caused a spouse to forfeit property rights and the spouse can prove this pressure is what influenced them to give up the property.
Mistakes in Negotiations
If a spouse forgot property, failed to account for retirement funds that both spouses had forgotten, or recently rediscovered property that should have been considered during divorce negotiations, the spouses can ask to modify the agreement to account for this oversight.
Gross Inequity
If a spouse can show that the division is legally unfair or significantly disadvantages them, the court may consider a revised settlement.
Contact Us to Learn More About Your Legal Options
If you are considering challenging your divorce settlement, Stahly Mehrtens Miner LLC can help. We can explain your rights and investigate your case to see if you qualify for a revision of your divorce settlement. Call us today at (303) 797-2900 to arrange a confidential consultation.