Deciding on the terms of a divorce settlement is not an easy process, and couples able to settle their issues without court intervention should be praised for their foresight and ability to compromise. Private divorce settlements are apt to represent the needs and desires of each spouse more fairly, and the contribution each spouse made to the marriage. Courts are bound by the standards laid out in the law, time constraints, and a general lack of knowledge about the dynamics of a marriage – all of which make it essentially impossible to give the same attention and understanding the couple can provide by working together.

Consequently, courts actively encourage couples to negotiate their own divorce settlements, and some circuits require all divorcing couples to attempt mediation before allowing the case to proceed further. Usually, spouses are satisfied with and accept the agreed-upon terms. However, some spouses may start to have second thoughts about the agreement they made, or suspect that key information was missing, rendering the outcome unfair. A discussion of a recent case that highlights the difficulties of undoing divorce settlements, and grounds a party can use to argue for a judgment to be set aside (undone), will follow below.

Courts’ Stance on These Requests

Courts like finality; otherwise, the decisions they issue have no real force. Thus, when a party asks to undo a lawfully-issued court order, a lot of scrutiny will be applied and compelling evidence expected before a judge will consider taking this serious step. A case that recently came before an Indiana appeals court illustrates the stringent standards courts tend to adopt when presented with this issue. A woman recently appealed the denial of a request for relief from her divorce judgment, citing an inability to hear her husband’s counsel during the final hearing and medical issues as the reason she did not protest at that time. The appeals court rejected this argument and upheld the trial court’s denial, finding that the terms were just and reasonable, reading oral evidence of the agreement into the court record was sufficient to satisfy the writing requirement, and that the former spouse failed to timely contest the order (more than a month passed before this petition was filed). What this outcome demonstrates is that absent evidence of material mistake or obvious unfairness in the negotiation and agreement process, a spouse will be held to the divorce settlement once accepted by the court. This reality highlights the pressing need to have an experienced divorce attorney involved when forming any binding legal agreement.

Grounds to Cancel a Divorce Judgment

While difficult to obtain, and a process that should not be attempted without legal counsel, it is possible to have a court order overturned and effectively cancelled if the circumstances are right. In Indiana, this request is called Relief from Judgment or Order, and in the majority of cases, the following three bases would most commonly be claimed to justify granting the petition:

• Mistake, surprise, or excusable neglect;
• The discovery of new evidence, which was not available or discoverable previously; and
• Fraud, misrepresentation, or misconduct by a party.

In the context of divorce, a former spouse who learned the other party deliberately hid assets to affect to the distribution of marital property, or the discovery of a life insurance policy that the first spouse did not know existed, could both be potential grounds for a motion for relief from judgment. The amount of time a party has to file such a petition is one year from the time the judgment was entered, but in practical terms the sooner the better should be followed. Each divorce is different, and an experienced divorce attorney can help address unanticipated issues and complications.

Contact an Indiana Divorce Attorney

The divorce process can bring out previously unseen aspects of a spouse’s personality that are hard to accept. Working with a divorce attorney can help serve as buffer to conflict and difficulties that may arise. Christopher L. Arrington, P.C. understands the challenges you are facing, and can provide the representation you need to move on with your life. Contact the Danville office to schedule an appointment.