Tips to Renegotiate a Divorce Settlement in California

Because of this, it is often difficult for clients to make sound decisions while in the thick of it. Even with the best attorneys on their side, many people have post-divorce regrets and may want to renegotiate a divorce settlement in California.

The good news is that in the state of California, you have options for negotiating the terms of your divorce settlement. Broadly speaking, these options fall into three major categories: an appeal, a motion to vacate, and a petition for modifications. All three of them are discussed below so that you can begin to determine if one of them fits your particular situation.

Renegotiate a Divorce Settlement in California by Petitioning for Modifications

This option is perhaps the least drastic of the three, as you aren’t seeking to throw out or change all of agreement. Instead, a modification is usually used to rectify a specific problem or address only one or two issues.

Most people petition for modifications because something in their lives or their exes’ lives have changed drastically since the original agreement. These circumstances usually revolve around finances, including the loss of a job or change in employment that significantly impacts income, retirement or disability, or having to move because of work or other reasons, as well as wanting alterations to child custody.

If you’re the one who brings this petition before the court, you are saddled with the burden of proof. You must prove not only that circumstances have changed, but that they are likely to stay that way permanently. Because of the complex nature of these proceedings, it is wise to employ the aid of a competent attorney to walk you through and handle much of the process for you.

Renegotiate a Divorce Settlement in California Through an Appeal

Appeals are most common after all or part of a settlement is decided in trial, but you can also appeal a decision to which you originally agreed.

First of all, you have a small window of time after the divorce settlement is finalized to file an appeal. You must act quickly if you believe that one of the following circumstances (or something similar) happened to you:

• The judge in your case made a mistake or was seriously biased
• A legal error was made by someone else besides the judge, such as your former attorney or your spouse’s attorney
• The law was misinterpreted or misapplied

Keep in mind that if your appeal is granted, this does not automatically mean that your divorce will be reopened or renegotiated in whole. Often, the appellate court will deny your request. Even if they agree with your argument, they still may not believe that the mistake made during the settlement is grounds for changing the agreement.

In other words, they will not look at the fairness of the agreement itself or award some kind of revision; all the appeals court will determine is if the legal proceedings surrounding the agreement were acceptable.

Once again, the burden of proof lies with the party applying for the appeal. It can be very difficult to prove that an appeal is justified and most people without legal backgrounds do not have the knowledge or skills to successfully argue this in an appellate court. It is highly recommended that if you’re considering appealing as a means to renegotiate a divorce settlement in California, you consult an attorney first.

Renegotiate a Divorce Settlement in California with a Motion to Vacate

This is the option that you want if you’re hoping to throw out the entire agreement and completely, or in large part, renegotiate a divorce settlement in California. Once the motion is filed, a judge will decide if there are grounds to vacate the agreement.

As you may have predicted, it is the responsibility of the appellant and their attorney to make the argument for the motion to the judge, and as with the other options, it is not easy to prove.

In order for a judge to issue this motion, you must prove that you encountered some kind of real and insurmountable obstacle during the negotiating process. This includes, but is not limited to:

• Someone committed fraud or perjury at some point during the legal proceedings
• A party did not comply with disclosure laws
• You made a serious yet excusable or explainable mistake
• You did not receive proper notice of a summons or petition to enable you to respond in a timely manner

If a motion to vacate is granted, this means that your agreement is null and the divorce needs to be renegotiated. Especially if something went so seriously wrong the first time around, you need to have a good attorney on your side during your second chance.

What’s Next?

If you believe that you qualify for either a motion to vacate or an appeal of your divorce settlement, or if you need a modification, the first thing you should do is contact the experienced attorneys at WGS Law. We have handled many cases that involved all three of these types of proceedings. We can give you honest advice about your qualifications for any of them and then walk you through the next steps.