The law does not allow a divorce resettlement in Georgia to be opened again. The law, however, has exceptions in this regard. Reopening your settlements is possible, but only in particular circumstances and under specified conditions. In such a scenario, contacting a lawyer might just be the appropriate thing to do. The particular reason for this is that sometimes there are scenarios in which unjust settlements are made and need modification, or sometimes the situations are very complex so taking help from a lawyer can be a smart choice.
Process of Reopening a Divorce Resettlement in Georgia:
Whether the final judgment regarding the case has been made or not determines the course of your divorce proceedings. If you open resettlement before the final decision regarding the case has been made, considering that the circumstances of the case have changed by both parties coming to a peaceful agreement, your chances of success in the challenge increase.
However when resettlement is opened after the final decision has been made by the court, according to the Georgia law the court still has the right and ability to edit, rectify, cancel, amend, or vacate the decision, even on its own initiative. But in a case when you are not successful, then you can still work on adding the resettlement and its terms and conditions to the final decision made by the court.
The particular reason for the importance of this is that the circumstances of divorce resettlement in Georgia relate to the modifications that will be made in the future. You must present your argument to the judge and demonstrate why the decision should be put down or why a provision should be changed due to a significant change in circumstances.
It will be then up to the court to decide whether the decision should be set aside or the injunction should be limited to revision. However, you will not be able to continue bargaining divorce resettlement because the law doesn’t allow that as it is a complex process. In most cases, once it is resolved, the procedure is over, and the parties must adhere to the outcome's demands and limits.
When to Open a Divorce Resettlement?
It often happens in some situations that opening resettlement seems inevitable and necessary but the Georgia law does not specify any conditions and terms to which a settlement may be reopened. So you may find reopening a divorce settlement necessary and unnecessary at the same time. This is why it is crucial to get a competent lawyer to assist you in understanding the law and properly arguing your case.
According to the law of Georgia, divorce resettlement can be put aside only when the judgment was obtained as a consequence of fraud, accident, or error or the conduct of the adverse party unmixed with the movant's carelessness or fault.
Georgia law permits you three years to submit a petition to put aside the decision if the party attempting to reopen the settlement was deceived, there was an unintentional exclusion or inclusion, or if an error was made and you did not contribute to the error that was made. Given the reason for putting aside the judgment, there are additional considerations to contemplate as well and only an expert attorney can provide you with further information and assistance in this regard.
In a case where the request to open the resettlement is successful, the benefits are huge. The whole settlement that was done will be put aside and whatever that the other party got would have to be surrendered to the appellant party till the divorce is re-examined and a new decision is issued.
Where Do We Come In?
For the above-mentioned reasons, if you plan on reopening a divorce resettlement in Georgia, it would be a smart option to consult an experienced lawyer beforehand. The attorney will assist you in understanding the situation clearly and suggest to you the options to choose from those that you have in hand. In case you're wondering if your divorce settlement can be opened again and believe you have a strong case, contact a lawyer at Cheap Uncontested Divorce right now.
Objections to settlements are highly dependent on time, so you should contact an attorney as soon as possible to discover your rights and determine if you are within a reasonable time period to file a challenge against the other party. We are experts in determining whether a settlement should be reopened or not and if necessary our team of lawyers will work with you to find a solution.