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How do renegotiate my divorce settlement

Van Nuys, CA |

Can I do this and how
Should I hire a lawyer and. Will ex husband pay for lawyer
Need more alimony and a car

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Attorney answers 3

Posted

Once your divorce is finalized, there is very little wiggle room to have the Judgment set-aside. Factors to consider are, how much time has passed, what grounds you are trying to have it set aside on (fraud, duress, undue influence, unsound mind etc.) and as far as for needing a lawyer, it would be difficult to see a scenario where it could be done without someone who has done it before. As for him paying for the lawyer, that depends on his ability to pay, and your necessity for a lawyer.

Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

Posted

Accord with Mr. Williams' excellent response. When you use the word "renegotiate", that implies that a divorce settlement was already negotiated. If a MSA or Judgment was signed by both parties and submitted to the Court, your only viable options and their Statutes of Limitations are set forth in Family Code Section 2122. If an MSA was negotiated but not signed, you have "wiggle room" to renegotiate it. If the area you want to "renegotiate" is Spousal or Child Support, you would need a material change of circumstances to modify those terms in a Judgment. You should retain an experienced Family Law Attorney to advise and represent you without delay. If your ex-husband earns significantly more than you earn, you would likely qualify for an attorney's fee award if properly sought. Regarding your need for a car, you will need to discuss that with your lawyer - the Court doesn't make "car" awards, other than in its division of community property.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

I am sorry to hear that you are going through this. You should look to your agreement regarding modification and get the consult of an attorney in your area. I wish you the best.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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