Facing Divorce? See what steps you can take to protect what's yours.
Divorce Home » Divorce and Finances » Property Division

Modifying Property Division

By

Once the divorce court has decided on property distribution, it can be difficult to modify the order. After divorce, most states allow people a certain amount of time to ask for a reconsideration from the divorce court.

Typically, states allow 30 days after the divorce court has entered a decision to request a motion to reconsider, but the time period is different among states. A local divorce lawyer can explain to you about how to enter a motion to reconsider and any deadlines that must be met.

Reasons to Appeal the Property Division Decision

Unlike trying to modify child custody or modify child support, modifying property division can be close to impossible. There are a couple reasons why people may ask the divorce court to reconsider the debt and asset division decision.

The Divorce Court Made a Mistake

In seeking a reconsideration, one party may argue the divorce court made a mistake when considering the facts of the divorce or applying the divorce laws in your state to the case. It may also be possible that there are new facts in the case that may make the original property distribution order unfair.

For example, it may be possible to appeal the decision because you feel the divorce court didn't recognize certain facts in the case such as the full value of an asset, like the family home. It may also be possible to appeal the property division order, if you and your divorce lawyer don't believe the divorce court honored any valid prenuptial agreements or postnuptial agreements.

Usually, the argument is not accepted by the divorce court, but if it is accepted, the divorce court may modify the property division order. Find out if you can appeal the divorce court's decision by speaking with a divorce attorney near you about state property division laws.

Fraud

When fraud happens during property distribution, one party has been deceived by the other on an important aspect of debt and asset division. This could be when one spouse has hidden assets, keeping a significant party of property from the other.

If you find out your spouse kept assets from you, speak to a divorce attorney about appealing the divorce court's property division order since hidden assets could greatly affect property distribution.

Duress

Proving that a property division order was agreed to under duress is difficult, but it is a way to modify property division. When one spouse is under duress, it means that party was forced with extreme pressure to agree with the property division.

Since both parties are under a lot of stress and pressure during the divorce process, a divorce lawyer will have to help you prove the pressure was more than usual and that it was unfair before the divorce court will accept the appeal.

Appeal to a Higher Court

It may also be possible to appeal to a higher court if the property division decision seems unfair. Usually appeals go to the state's appellate court. There is a short time period to file a notice to appeal, which informs the divorce court, higher court and other party of your decision to appeal.

Speak to a Divorce Lawyer about Appealing a Property Division Order

Although modifying property division orders is very difficult, it may be possible under the circumstances of your case. A local divorce lawyer can discuss with you the possibility of modifying property distribution or the process of appeal the divorce court's decision. Connect with a local divorce attorney today by calling 877-349-1310 or filling out a divorce case review form.

The above summary of modifying property division is by no means all-inclusive and is not legal advice. Laws may have changed since our last update. For the latest information on these laws, speak to a local divorce lawyer in your state.