Can the divorce settlement be appealed if I signed under duress?

Appealing a Divorce Settlement Based on Duress

Most spouses that go through duress are at least under some form of pressure. This means that there was some sort of pressure to get the case settled. If one of the partners used some form of forces to get the case settled, this is considered as duress. Under these circumstances, it may be considered as not consent as it was not done voluntarily and the divorce case can be reopened again. Divorce appeals on the grounds of duress can be an uphill task, but can be made possible if you can provide relevant evidence to back your claim. It’s prudent that you have a meeting with your attorney prior to presenting your case. This can provide a great insight into the case and the attorney will be in a position to present the case in a better way to the jury.

Grounds for Appeal

There are various grounds in which you can appeal for a divorce settlement if you can prove that the settlement was not conducted in a fair manner. One of the most common grounds for such an appeal is if you had signed it under threats. However, this is not always an easy claim and you should seek legal advice from your attorney before any proceeding.

Appeal Process

Appealing to the divorce procedure is basically a simple process. To start the process, you will require to file the necessary paper work. This involves a petition or a claim. This serves as an outline of why you want to make the appeal. This step can be confusing hence it must be done correctly. It is advisable that you seek your attorney’s assistance. You can only have a chance to present your full case once the judge agrees to your appeal. Once you win the appeal, you can now start the process of negotiating for your divorce settlement.

What does duress constitute?

It is paramount that as you place your appeal to be in a position to prove duress or the influence. These are the legal terms that are defined in the statutes of any state. The constituent of duress varies depending on the changes of law and other practices, and by jurisdiction. It is therefore important that you discuss the duress with your attorney to see if you are in a good position to prove your duress.

Provision of Evidence

Provision of evidence and a substantive claim of duress is the most challenging part of the appeal process. It can be challenging to prove in a court on how a person threatened you. At times, your claims can be rendered irrelevant and the scenario may not be valid. This can be fueled by the fact that you don’t have any recorded or written statement that can back up your claim. The evidence needs to show how the event caused duress.

Across the country, courts differ in how they expect the evidence to be presented. This varies based on the law and the jurisdictions of the country. It may also vary with the presiding judge or by precedent. For instance, in some courts, the judge may allow a testimony or evidence from a friend, but in others, they may require more evidence in regards to the case. It can be challenging to identify what exactly constitutes sufficient evidence in duress. This is the most important phase of a legal strategy. It is equally important that you take time and discuss this part with your attorney prior to making an appeal. Your attorney will be in a good position to advise you on collecting evidence that would be useful and what sort of evidence you can collect.