Divorce settlements are usually looked at as a final statement, set in stone, that can be brushed aside and never looked at again. Although many divorcees would rather move on with their lives and never have to think about the stress and unsettlement that going through a divorce can bring, the reality is that on occasion a divorce settlement should be reconsidered, because some of the terms are not working for one of the individuals.
Although this is not an ideal situation to be in, the good news is that luckily, it is often possible for this to be done.
Making an appeal
If one of the individuals going through a divorce is dissatisfied with the decision that the court came to in regard to the divorce, he or she has the possibility to make an appeal and take this to the divorce courts. In order to do this, a brief must be filed that lays out the legal reasons for the appeal. It is important to remember that if you have already agreed to the settlement terms of the original divorce papers, it is most likely not possible to make a successful appeal.
Making a modification
Modifications are considerably simpler than an appeal, because you are not challenging the court’s decision but instead hinting that some detail may have become out-of-date. You can do this by creating a “motion to modify” filing at the same court that the divorce settlement was made.
Changing a divorce settlement is not a simple task; however, it can be a worthwhile process since it can change key elements of your life for the better.
Source: Findlaw, “Appeals and motions to modify the divorce judgement,” accessed Oct. 18, 2017