A divorce decree is a court order that legally ends a marriage. Once the decree is issued, both parties are free to remarry. If either party disagrees with the divorce terms, they may file an appeal, although they must first prove that there was some sort of error or injustice in the original decree. An attorney may be able to get the decree overturned or modified. Here are four things they'll use to challenge a decree:
If the person who filed for divorce does not notify their spouse about the proceedings, the decree may be overturned. To serve someone with divorce papers, a process server must personally hand them the documents. If the server cannot find the spouse, they can leave the papers with another adult who lives in the same household. If one spouse isn't properly served with divorce papers, they can challenge the decree. A lawyer can help you determine if you were served correctly and file a challenge on your behalf.
Lack of Jurisdiction
Jurisdiction is the legal authority of a court to hear and decide a case. If a court does not have jurisdiction over the parties or the subject matter, any decisions that are made can be void. A divorce decree may be challenged if it was issued by a court that did not have jurisdiction over the parties involved. This can happen if the divorce was filed in the wrong state or if one spouse wasn't a resident of the state where they made the application. Divorce attorney services will check to see if the court had jurisdiction to decide the case and take the appropriate steps.
Fraud or Duress
If either spouse can prove that fraud or duress was used to obtain the divorce decree, they may have it overturned. Fraud can occur when one spouse lies about something crucial to get a divorce. It may also include hiding assets, lying about income, or forging documents.
Duress, on the other hand, happens when one spouse is forced or threatened into agreeing to the divorce. Divorce attorney services will investigate these elements to determine if they were involved in your case and use them to overturn the decree.
If new evidence arises after the divorce is finalized, it can be used to challenge the decree. New evidence could be anything from a change in circumstances to new information about one of the spouses. If a lawyer finds this information significant, they'll use it to modify or overturn the decree.
If you are planning to challenge your divorce decree, it is crucial to hire divorce attorney services. A lawyer will help you determine if you have grounds to overturn the decree and assist you in taking the necessary steps.
Contact a local law firm, such as Reisinger Booth & Associates, to learn more.