The process of divorce leaves many with emotional scars that only heal with the passage of time. One aspect that is particularly trying is waiting for the court to issue the final divorce decree that indicates the marriage is no more, and that the legal process has reached its end. Of course, the real work now begins as the former couple starts to make steps forward towards reestablishing themselves as unmarried adults, but what if one party decides the terms of the order are unfair, or later learns that the other party withheld key information in order to skew the outcome in his/her favor? Is it possible to appeal a divorce judgment, and under what circumstances?  The law favors finality in divorce cases for a few reasons. One, it is extremely difficult to undo key components of a divorce settlement, like property division and child custody. And second, the stability of marriage is linked to finality in divorce orders, so allowing parties to easily contest these judgments would upset this structure. A recent divorce appeal that illustrates the high burden courts place on parties seeking to challenge a divorce judgment and the accepted grounds for such an appeal will be discussed below.

Be Careful When Accepting Settlement Offers

The Indiana Court of Appeals recently considered an appeal filed by an ex-wife against her former husband that alleges he fraudulently undervalued the worth of his estate in the property settlement she accepted. However, the former wife went against the advice of her attorneys, and accepted the settlement without investigating the entirety of the husband’s property holdings. Further, she waited six years before seeking to overturn the divorce judgment. The court found in the ex-husband’s favor based on the fact that the ex-wife signed three different letters from her divorce counsel acknowledging they advised against accepting the property settlement without further investigation. This information indicated the ex-wife had notice about the potential for fraud, and decided to proceed anyway.

Grounds for Appealing a Divorce Decree

Appealing a divorce decree in Indiana must be initiated within 30 days of the issuance of the final order in the case, and will generally rest on the claim that the current order is erroneous and will cause the injured party substantial expense, damage, or harm if it is allowed to stand. This standard of proof is very difficult to establish absent evidence of intentional acts by the other party designed to mislead the court. Further, appellate cases are complex matters that involve a number of crucial deadlines that will affect the outcome of a case if missed. Therefore, consulting with a knowledgeable divorce attorney is necessary if a party wants to take this step.

In addition to appealing a divorce judgment, a party has the option of asking the trial court to set aside the original judgment. This is also difficult to obtain, and will only be granted if a party can show one of the following:

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

This motion must be filed with the court within one year of the final order. Further, asking the court to reconsider the original order will not suspend its validity or enforcement.

Consult an Attorney

Appealing a divorce judgment is an expensive and lengthy endeavor that can usually be avoided if a divorce attorney is involved early in the divorce case. Attorney Christopher L. Arrington works with clients in the Indianapolis area on a wide range of family law issues, and will work to help you obtain the best possible outcome in your divorce. Contact him to schedule an appointment.