Can a divorce be reopened if you do not think your lawyer did you right?

Asked 10 months ago - Ravenna, TX

I was married to a controlling, abusive, verbal abusive, mental abusive, emotional abusive, physical abusive man for almost 12 years. I still have severe depression and anxiety from it. I stayed up days and nights getting all my information together and in order. My lawyer would not use any of my abuse in my divorce. He told me that I would have to go into the courtroom in a wheelchair for the Judge to even consider my abuse. I just can not believe that could be true. I have been divorced for almost 7 years. Is there anything that can be done now? I do not think he even went through any of my boxes of information.

Attorney answers (4)

  1. Rachel Ambler

    Contributor Level 13

    2

    Lawyers agree

    Answered . No, it is far too late now. If there is a child support order, that can be modified every three years. But, if not, the divorce is final. It's been 7 years. You need to get counseling and move forward. You can't keep looking backwards.

    DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. This... more
  2. Mark Allen Land

    Contributor Level 19

    1

    Lawyer agrees

    Answered . From what you have said here, it is unlikely you can do anything legally. We do not know much about the situation that was present in your divorce, but if you were a couple with limited financial resources, there may not have been much point in making the divorce case more complicated. You can easily spend $20K more in attorney's fees and not get much more from the divorce. At the end of the day, it is not worth it.

    My recommendation is that you focus on you. Don't let the creep ruin the next 7 years of your life too.

    Good luck.

  3. Adam Kielich

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Proving abuse in a divorce at best typically gets you a slightly larger share of the marital assets. It won't get you all of the assets or extra spousal support (generally). It is usually not cost effective for a client to spend thousands, if not tens of thousands, of dollars in litigation costs to go into court and argue over whether the abuse occurred and how bad it was just to get an extra 5-10% of the marital assets, unless you and your ex-husband were extremely wealthy. Even then, you may have spent all of that money on a trial and walked away with the same share you would have received without the trial. Not to mention going through a trial to obtain a divorce would have prolonged your marriage. So although your lawyer may not have given you the moral victory you wanted in court he or she likely did what was in your best legal and financial interests.

    Your divorce is a done deal. You can't keep living in the past. You need to seek out psychological counseling and move forward with your life.

  4. Eugene Andre Ahtirski

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . This long after the divorce was finalized, there are not many options. And generally unless there are on-going issues related to child support and/or alimony, or fraud, there is nothing that can be done to change what happened in the past. I truly wish you the best of luck. And as an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce and Spousal Abuse

Divorce is always an option for someone who is being abused by his or her spouse. The freedom to leave your marriage is an American right.

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