Can a New York Divorce Settlement Be Reopened After It Is Final?
Many folks are under the impression that after a divorce is concluded, everything becomes final and definite. Usually, this is the case. A judgment in a divorce or settlement agreement is meant to ensure certainty and allow both parties to start their new lives. Nevertheless, there are certain circumstances in which a New York court may modify or revoke a divorce settlement.
In case you think that your divorce settlement is unjust due to fraud, misconduct, or other issues, it is essential to know when it is legally possible to revisit the judgment.
Divorce settlements are generally final
The New York courts are known to favor the principle of finality in divorce cases. After an agreement is incorporated into a divorce settlement, the courts are not in the habit of interfering with the decision merely because one spouse feels they have received an unfair deal.
In order to set aside a settled matter, there has to be some legal reason for doing so.
Fraud and concealment of assets
Some of the more frequent grounds on which courts review divorce settlements include instances in which one spouse deliberately fails to report their financial status during the divorce process.
Some examples of such situations could be:
- Failure to report investments
- Hiding digital currencies and other forms of cryptocurrency
- Undervaluation of income
- Transfer of property to another person to avoid equitable division
- False valuations of a business
Since it is a requirement in New York State to report all financial information during the divorce, failing to do so could render the settlement invalid.
Duress or coercion
The second reason that might invalidate a settlement agreement is that one spouse signed it under coercion or threat. When a person is threatened, intimidated, or denied an opportunity to examine the agreement thoroughly before signing it, the court might find that the agreement was signed involuntarily.
It should be noted, however, that establishing duress is not easy, since the courts typically demand irrefutable proof of the loss of a person’s will power as opposed to just feeling pressured.
Mistake or other extraordinary circumstances
Under very rare circumstances, a settlement can also be contested due to mutual mistake or another unusual occurrence that affects the fairness of the agreement. This type of contest is rare, but the person contesting the decision must prove why the court judgment should be revoked.
It is not sufficient for one to have discovered that their property was worth more than what they initially thought or simply to regret buying it.
Act promptly if you have concerns
If you believe your ex has hidden something from you or was untruthful during the divorce, it would be wise to inform your divorce attorney immediately before it’s too late. Delaying could mean you will no longer be able to do anything about the matter.
Talk to a Westchester County, NY, Divorce Attorney Today
The Law Office of Robert S. Sunshine represents the interests of Westchester County residents during their divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
