The Finality of Divorce

divorce finality Jul 04, 2024
 

Introduction

In this informative video, family law expert Suzanne Grandchamp sheds light on the finality of divorce judgments and the possibility of reopening them. Suzanne shares insights from her personal experience, providing valuable advice for individuals navigating the complex world of divorce. Whether you're contemplating divorce or have already gone through the process, this video will equip you with essential knowledge to make informed decisions.

The Finality of Divorce Judgments

Suzanne emphasizes that divorce judgments and decrees are typically considered final. Once an agreement is signed and submitted to the court, it becomes legally binding and difficult to modify. However, she highlights two exceptional scenarios in which reopening a judgment is possible:

  1. Hidden or Undisclosed Assets: If one party concealed or failed to disclose assets during the divorce proceedings, reopening the judgment becomes viable. Suzanne advises individuals to thoroughly review their financial agreements and consult an attorney to ensure all assets are accurately included.

  2. Fraudulent Activity: In cases involving fraud, such as one party deceiving the other or misrepresenting financial information, reopening a judgment is an option. Suzanne suggests seeking legal guidance to navigate this complex process.

Importance of Legal Counsel

To safeguard your interests during divorce proceedings, Suzanne strongly urges individuals to consult with an attorney before signing any agreements. Engaging a legal expert ensures that you thoroughly understand the terms, potential ramifications, and potential avenues for modification. By seeking legal counsel, you can avoid potential regrets arising from hastily finalized agreements.

Modifying Custody, Parenting Time, and Child Support

While modifying assets and liabilities in a divorce judgment is challenging, Suzanne explains that agreements regarding custody, parenting time, and child support can be modified if certain conditions are met. Here are the key considerations for each area:

Custody Modifications

To modify custody agreements after the divorce is finalized, Suzanne outlines the need to demonstrate endangerment to the child. This requires substantial evidence showing that the child's physical or emotional well-being is at risk under the current custody arrangement. As modifying custody is a complex process, Suzanne advises consulting with an attorney to navigate the legal intricacies.

Child Support Modifications

For modifications relating to child support, Suzanne explains that a substantial change in circumstances must occur. This typically involves a significant change in either parent's income, the child's needs, or other relevant factors. She stresses the importance of presenting clear evidence to support the requested modification and recommends seeking legal guidance to ensure compliance with the legal requirements.

Parenting Time Modifications

Modifying parenting time agreements requires demonstrating that the proposed changes are in the best interests of the children. Suzanne underscores the significance of documenting the reasons behind the requested modifications and providing evidence that the changes will positively impact the children's well-being. By memorializing the changes in writing, parties can enhance the enforceability of the modified parenting time arrangement.

Conclusion

Suzanne Grandchamp provides critical insights into the finality of divorce judgments and the possibilities for modifying them. By seeking legal counsel before finalizing agreements, individuals can ensure they fully understand the implications of their decisions. Suzanne's expert guidance navigates the complexities of modifying custody, parenting time, and child support arrangements, empowering viewers to make informed choices for themselves and their families. Remember, divorce is a significant life event, and having the right knowledge and legal support can make all the difference.

For more information and support regarding your divorce process, head to Suzanne's Store for her best-selling book!