Divorce is not black and white. Many factors are at play, resulting in more gray settlements that one or both parties may not be too fond of. In some instances, you may even view the divorce settlement as unfair, and you’ll ask yourself, can you dispute an unfair divorce settlement? Read on to learn more about how to dispute settlements like these.
To properly frame the question, we have to explore what an unfair divorce settlement may look like in the first place. In a divorce, both sides are likely to face compromises in one way or another, so a slight compromise does not mean the settlement is unfair. Instead, a divorce settlement will be unjust if the court bases it on false grounds. For example, one spouse can hide information about the actual value of an asset, you make an error about a material fact, or there can potentially be outside influences pressuring you to approve and sign. To re-open your divorce, you must make at least one of these claims or something similar for your case to be viable.
To modify the decision, you will need to bring this information to the court and substantial evidence to support your case. Thankfully, there is no time limit to presenting new information, so you can appeal even if it has been five years, 10 years, or even longer. Additionally, you can try to have the original judge’s decision overturned or modify the judgment to account for the new information you’re bringing forward. If you’re trying to overturn the original decision, you’ll need a skilled lawyer to demonstrate that the judge’s decision was unjust.
To get the case overturned, you and your lawyer must demonstrate that the judge’s decision was unjust, but if you modify the decision, you can bring in new information. In many instances, a divorce settlement can be fair, but outside factors will change, resulting in the judge needing to make modifications. For example, if one party commits a crime or the other loses their job, the court can make the necessary spousal support adjustments to ensure everyone gets taken care of.
There are options for you to dispute an unfair divorce settlement, but it won’t be easy. Instead, you should enlist the services of professionals like us at Schiller DuCanto & Fleck to ensure you have the best chances of getting the desired outcome. Still, something better than a team behind you in your dispute is having a team behind you during the divorce process. We are some of the best collaborative divorce attorneys in Illinois and can help make your divorce fair, avoiding an unfair settlement entirely!