Appealing Your Divorce Settlement

It is not uncommon for one spouse to appeal a divorce settlement, but it is uncommon for a spouse to actually win or be granted the terms requested in the appeal.

Issues like child support and alimony are often amendable post divorce, but the actual division of the marital assets is typically not. There are certain circumstances that will potentially enable you to have the current decree thrown out and these circumstances are, but not limited to, signing under duress, blackmail, intoxicated at the time of signing, under the influence of mood altering mediations, etc. The bottom line is, an appeal can not be filed on the basis that you now feel as though what you originally agreed to was simply unfair.

Hiring a lawyer to appeal your settlement is not a bad choice if you feel strongly that you have a legitimate case. It is the responsibility of the lawyer to do his or her best job to prove your case. If your lawyer knows that you do not have a legitimate case to begin with, he or she should advise you of such, thus eliminated the costly time and attorney fees. If you feel as though your attorney is taking advantage of you, probably knowing all along that the case would be dismissed, I would consider contacting your local Bar Association to speak with the ethics committee.

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