Is Your Divorce Settlement Unfair?
Divorce is probably the worst thing that a family can go through. At the end of it, there normally is no family left and people are rarely mutually happy about it. A lot of people not only fall out of love, they become bitter rivals and try to get the most out the divorce. ‘Winning the divorce’ becomes the primary concern to most people, it even trumps being rational or kind, in spite of the fact that there are no real winners in a divorce.
In this tug-of-war situation, one party is invariably going to feel like they have lost more than they should have or deserve. Here is what you can do in case you feel like the settlement has been unfair to you.
Even before you get into the settlement phase, remember that:
- Never take your emotions in with you during negotiations or mediation. You have to be logical and make decisions based on how much you will need, what you will need and what you can stake your claims to as being yours.
- Do not, under any circumstance use your children as pawns. Do not dangle visitation rights to get more money, do not use them to emotionally weaken your partner, and do not also show them as bargaining chips. Your children will resent both you and your partner forever.
If you have faced an unfair settlement…
You need to show the courts that your case has some elements of being ‘exceptional and compelling’, this could convince the court to reopen your case.
- You will have to prove that the settlement is unjust, oppressive, and the terms are inequitable.
- Bring along one or more of the following to the courts when going in for an application to reopen the case:
- Proof of fraud or deceit by your partner, this will include hiding essential information that could have turned the case your way.
- Duress and influence from your partner that forced you to accept the deal. It can include using the children to bargain.
- If you were mistaken or made to believe otherwise on the matter of material facts used in the settlement.
- A case of fundamental unfairness in the very nature of the settlement.
In such cases, you might be able to redo the negotiations, make sure you have a competent divorce lawyer in Orange County to help you get through it with relative ease.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
Divorce is not easy for anyone. Everyone in the family is affected; parents and children. The family dynamic experiences great change and with this change comes a sense of loss…