Divorce can be one of the most challenging events in a person’s life. Once the divorce is settled, there is often a sense of finality – giving the person the ability to move on with their life. This healing process can be massively disrupted, and even backtracked on, if it comes out later that you signed your divorce agreement under false pretenses. If you were misled into signing your divorce agreement in Arizona, this is what you need to know:
The Matter Can Be Re-opened in Court
If you were misled into signing your divorce decree (e.g., if your spouse withheld financial resources that would have affected your overall settlement), this can be grounds to re-open the matter in court in the state of Arizona. By statute in the state of Arizona, if a divorce settlement is unfair, it cannot be accepted, and if one spouse withheld information during the settlement process, the divorce settlement is itself unfair as one spouse did not have all relevant information during the negotiation process.
Disclosure Rules Apply
Spouses are required by law to disclose all relevant information during the divorce settlement process. Rule 26.1(9) in the state of Arizona mandates that both parties must disclose all documents and information that may affect a divorce settlement negotiation or decision. If a spouse can be shown to have failed to disclose relevant information, this can be grounds for reopening the case or setting aside the divorce decree.
Showing Required for Rule 60c Motion to Set Aside Divorce Decree
If a showing of evidence is not made per Arizona State Rule 60(c)(3), the divorce settlement cannot be reopened. However, if the court finds that the other spouse engaged in fraud or misconduct in the disclosure of their divorce proceedings, there may be grounds for the injured spouse to reopen the proceedings, or even set aside the divorce settlement outright. To reopen a divorce property division under Rule 60(c), the injured spouse must show “substantial interference” in the negotiation and settlement process. If they can demonstrate that the withheld information would have substantially changed their decisions, or lead to discovery, in the state of Arizona, it can be grounds to reopen the case.
Overall grounds for re-opening a divorce settlement could include, but is not limited, the following:
- Misrepresentation by your spouse
- An oversight or mistake
- New evidence
Have you been misled into signing your divorce decree in the state of Arizona? We here at Simon Law Group can help. Contact us today and get the divorce settlement that you deserve.