A divorce may be settled… yet fighting in court, or litigation, may continue if a former spouse wants reconsideration of the divorce judgment. Three types of post-divorce litigation are appealing a divorce judgment, appealing the marital settlement agreement, and modifying the divorce decree.
Appealing a divorce judgment in New York is not very common and very difficult to successfully carry out. A divorce judgment may be successfully appealed when it is shown that the judge in charge of the divorce settlement misapplied the law when making the final decision. This is different than contesting a fact. Rather, it must be shown that the judge reached an incorrect decision because he or she misapplied legal procedure or reasoning.
Appealing the marital settlement agreement is likewise very difficult to successfully undertake. When a former spouse seeks to appeal the marital settlement, this means that he or she is seeking to change the terms and conditions of the equitable distribution of marital property. In order to mount a successful appeal in this instance, it must be shown that either law was misapplied or that fraud or misconduct existed, thus resulting in inequality and unfairness. Examples include when one spouse purposefully lies or hides assets in order to bias the outcome.
The most common form of post-judgment divorce litigation in the state of New York involves modifying the divorce decree. One party may seek to modify the divorce decree when the agreed upon terms cannot be met. Reasons that justify changing the divorce decree include noncompliance with financial obligations, either due to unwillingness or inability because of unforeseen burdens, or violation of visitation and child custody orders. Agreements regarding modifications require working with the courts and the former spouse to find the appropriate settlement. In all instances of post-divorce litigation, it is best to consult with an attorney.
Post-Judgement Litigation in the Divorce Process: Some former spouses meet each other again in court after the divorce judgment because one or the other is unhappy about the divorce judgment.
Appealing a Divorce Judgment: A divorce appeal is the least common and most difficult form of post judgment litigation.
Appealing the Marital Settlement Agreement: Almost as difficult as a divorce appeal is a reopening of the terms and conditions of equitable distribution of the marital estate.
Modifying the Divorce Decree: After a divorce, courts frequently entertain motions to m odify the divorce decree.
Contact an Experienced Lawyer - Free Initial Consultation
If you have further questions regarding post-judgment divorce litigation, please contact New York Divorce Attorney Stacy Sabatini, Esq. to schedule a free initial consultation at (845)-243-0295 or contact us online.