Legal Question in Family Law in Minnesota
challenging settlement
Hello, my divorce was final 1 1/2 years ago. Apart from basic coersion to sign from my ex-husband, which consisted of daily verbal harrassment (causing my son & myself to lock ourselves in bedrooms and also to rent hotel rooms) my ex very soon found himself a new woman, the wife of a coworker w/marital problems, after he ''counseled'' the couple, he arranged for her to move in with him. she has since gotten a divorce and won spousal maintenance and child support off this man. She also recently collected on a workmans comp disability claim, and is collecting disability due to multiple sclerosis (she appeared in court in a wheelchar, although danced at my daughters wedding)...Anyway, I signed a settlement which basicallly split our considerable financial oblications in half between us. He retained our home with somewhere between 20-30,000 equity. I got the 401K worth 50,000 ( of this 15,000 went to taxes) Have I a case if I wish to re open? Thank you.
2 Answers from Attorneys
Re: challenging settlement
I am afraid that there appears to be little basis to reopen. First, any motion to reopen must be brought as soon as you are aware of a bsis to reopen. In any event, it must be brought within one year. In the present case, a year and a half has passed. Accordingly, the window of oppottunity to reopen, whiuch must be based on excusable neglect, surprise, coersion or fraud, appears to have closed.
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Re: challenging settlement
The general rule is that a divorce judgment (that is, your divorce decree)is final and cannot be reopened except for mistake, newly discovered evidence or fraud -- and even then, a motion to reopen must be made within one year of the date the judgment was entered.
This general rule does not apply to child support, which can be modified based on certain changes in the parties financial circumstances. Similarly, if spousal maintenance has been awarded, and the parties have not waived the right to seek a modification, an award of maintenance can also be modified due to a change in the parties' financial circumstances.
Property awards, however, cannot generally be modified (except for mistake, fraud, new evidence, and a motion brought within one year). Many people will complain that they entered into a divorce settlement "under duress," or because of threats of one sort or another. That, alone, is not ordinarily grounds for reopening a divorce settlement, particularly if both parties were represented by lawyers. In any event, such a motion would have to be made within one year.
It is possible that there are enforcement issues that should be examined by a lawyer. For example, if the decree provides for payment of certain debts or the distribution of certain property, and that has not ocurred, it would be appropriate to consider bringing a motion for contempt, a money judgment, or other relief.
If you would like to discuss the matter further, my contact information is provided below.
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