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How to Prevent or Change an Unfair Divorce Settlement

How to Prevent or Change an Unfair Divorce Settlement

Posted By Meyers Law Group, P.C. || 31-Mar-2014

Divorcing spouses need to go into the process realizing that some compromise will be in order, and it may be unheard of for a divorcee to be thoroughly satisfied with every term in their final divorce settlement. There are cases, however, where a divorce settlement is genuinely unfair, perhaps illegal. The burden of proof for this is rather steep, but you may be able to get your case reopened if you can show that your divorce in Long Island was invalid because of one of the below issues:

  • Fraud or deceit (hidden assets, false disclosure, etc.)
  • You were under coercion to sign off on the divorce agreement
  • Faulty negotiations (e.g. an error in fact-gathering affected you and your ex's decision)
  • The divorce settlement is profoundly unjust

As mentioned, the burden of proof for this is rather high, making for a highly technical procedure. Consult a divorce attorney in Long Island to see if under New York law, you could get your divorce case reopened. You could also ask about other legal remedies, such as modification proceedings.

Modification Proceedings Could Be Your Solution

If you or your ex's situations have changed substantially since the time you finalized your divorce, you may be able to get a judge to reexamine and modify portions of your settlement. Whether it is because of the loss of a job or the need to relocate for a job, a divorcee may be able to ask a judge to change the terms of their child custody and visitation, or perhaps the terms of alimony or property division. A parent could ask for increased child support in order to fund their child's new educational needs, or ask to get child support decreased because of a job demotion, for example. Find out if your situation qualifies, and learn how you can get the results you deserve through a modification proceeding when you contact a divorce lawyer at the Meyers Law Group, P.C. today.

Are you in the middle of a divorce, or about to file for one?

Anyone who goes through a divorce is going to be under a great deal of emotional and financial strain. It can be tempting to give into a fast, but unfair, divorce settlement. Many people do not get the chance to undo the terms of their divorce, however, so it is imperative that you get things right the first time around. If you evade stress by quickly giving into a severely imbalanced settlement, this could saddle you with financial difficulties for years, perhaps decades to come. Here are some practical tips then on how to hang on until you get the results you deserve from your divorce process:

  1. Be prepared for a long process. Think marathon, not sprint.
  2. Keep yourself healthy: As much as you can, eat right, sleep for 8 hours a night, and exercise for at least 20 minutes a day.
  3. Ask yourself, "What if?" Visualize what it would mean to end up one thing over the other so you can realize what is at stake. Play out the repercussions of each settlement term before you agree to it.
  4. Remain yourself. It's easy to get lost in a divorce. Carve out time to be with your friends, enjoy a hike, or spend time at a café; go back to whatever it is that makes you feel like you.
  5. Delay decisions if you have to. While of course you want to get the divorce behind you as soon as possible, sleep on major decisions if you feel like you might be giving into something that could damage your future.
  6. Remember that there is a tomorrow. It can feel like you'll never realize that stronger future, that there is no light at the end of the tunnel. Stay focused and keep the right perspective though, and you can see through the transitory nature of your divorce process, while realizing that ill-advised decisions in the divorce could be lifelong.
  7. Find friends who support you. Make sure that you spend time with them. This can help you stay centered and motivated. And if you find yourself griping about your divorce the whole time, ask your friends to hold you accountable, for example, keeping you to only 5 minutes of divorce talk, and then you have move on to other topics.

Of course, before you can strive to protect your rights, you need to be aware of what these rights are. If you work with an experienced divorce lawyer in Long Island, you would not only be working with someone who is familiar with local divorce laws, but you would also be working with someone who would know what the unique options are in your specific case.

Get the Answers You Need from a Long Island Divorce Attorney

If you are looking for a strong legal advocate who will look after your interests, someone who will do their utmost to ensure that you and your family are set up for the future you deserve, look no further than the Meyers Law Group, P.C. Our divorce lawyer has the experience and dedication it takes to guide you through divorce mediation, a litigated divorce, modification proceedings, or other matters of family law. Learn what our attorney may be able to do for you, and what your options are when you call our firm today!