Users' questions

Can a family court reopen a divorce case?

Can a family court reopen a divorce case?

Under certain circumstances, an ex spouse can ask the family court to reopen a divorce case and award additional property. Although laws on property division vary a bit from state-to-state, the general rules are the same. Divorcing spouses will have to identify, value, and divide all marital property.

What happens in a family justice court divorce?

Family Justice Rules Family Justice Courts Practice Directions What is divorce A divorce is the legal procedure that ends a marriage. When a Judge of the FJC grants your divorce, he or she will hand down an Interim Judgment of Divorce. This is the end of the first stage of your divorce proceedings.

Is it normal for kids to struggle after divorce?

Consequently, following a parental separation, it’s normal for kids to struggle with their feelings and their behavior immediately afterwards. But, if your child’s mood issues or behavioral problems persist, seek professional help .

How does child custody affect a divorce case?

When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

Where do I go to open a divorce case?

To open a case: File your divorce documents in the circuit court in the county where you or your spouse live. Make enough copies of your documents for your spouse and be sure to keep at least one copy for yourself. The spouse filing the initial Complaint must provide a copy to his or her spouse. This is known as service of process.

Can a divorce court reopen a divorce case?

You should know that you will have a very heavy burden in terms of getting a divorce settlement turned over. The exact legal showing you need to make will depend on the specific laws of your state, but generally speaking, the only way to have the court reopen your case is to show a judge that exceptional and compelling circumstances exist.

Can a child be an adult in a divorce?

The adult child of divorce, no longer a child, who is unable to forgive parents for ever splitting up. And more than likely, that ill will is directed at one parent more than the other. Maybe it shows up as a surly manner – even in a 28-year-old.

How are adult kids of divorce hold grudges?

In one example I recall, the adult child was very close to the mother, parental alienation (against the father) had taken place, and while the father constantly reached out to strengthen the relationship, his 27-year-old remained standoffish. I saw his hurt up close and the ways he tried to tenderly address the past. He couldn’t get through.

Can a court set aside an unfair divorce settlement?

This doesn’t mean that they all have grounds to head back to court and set aside their divorce settlements. However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it’s unjust.

What should you not do in a contested divorce?

Don’t focus so much on the little things that you forget what’s important. In a contested divorce, you are likely to accumulate thousands of dollars in attorney’s fees because your lawyer must spend an enormous amount of time preparing the case and filing paperwork.

Is it possible to get a divorce without an attorney?

Divorcing without an attorney can be achieved in two ways: Your local magistrate’s court can provide you with the necessary forms and give you guidance on how to conclude your own divorce without legal representation. Doing your own divorce might be an option when: your divorce is uncontested;

Are there joint assets in divorce 30 years ago?

“In this case there are no joint assets, the separation was 30 years ago, and there’s no incentive to be sensible on costs – because I’m paying both sides. It’s one thing to face a reckless claim, but another entirely to have to fund it to court.”

What’s the divorce settlement for Ken and Jan?

Marital Profile: Ken and Jan have been married for five years and have no children. They both entered into the marriage with established careers, earning similar salaries. Divorce Settlement: The marital assets are split 50/50 between the spouses. There is no spousal support or child support.

Under certain circumstances, an ex spouse can ask the family court to reopen a divorce case and award additional property. Although laws on property division vary a bit from state-to-state, the general rules are the same. Divorcing spouses will have to identify, value, and divide all marital property.

This doesn’t mean that they all have grounds to head back to court and set aside their divorce settlements. However, if you received a truly unfair or unjust divorce settlement, you may be able to ask a court to reopen your case and take a second look at how the deal was made and whether or not it’s unjust.