Can a Court Set Aside a Divorce Decree?

Pierre Domercq Divorce

Can a court set aside a divorce decree or re-open a case once final orders are issued in North County? The circumstances may be very limited, but it is possible to have a divorce decree reopened. Many people feel like they didn’t get the best outcome, and that is not an acceptable reason for seeking to reopen or set aside the outcome. There must be provable fraud, misrepresentation or duress associated with the first settlement or decree in order to request to reopen the case.
This may be the case if your spouse hid assets or substantially undervalued them in the disclosures or during the process of your divorce. Former spouses have a fiduciary duty to fully disclose all assets and debts to one another, and the failure to do so can disrupt the appropriate division of community property and create just cause for setting aside the previous judgement. This will require substantial evidence and the skilled and experienced attorneys at Burke & Domercq.
We may also be able to prove you were threatened or coerced into the settlement. All divorces carry some degree of “pressure” but if threats were made to you or the children it may be possible to set aside the settlement and hold the responsible party accountable.
There is a time limit associated with these developments and it is important to contact the proven Carlsbad divorce attorneys at Burke & Domercq the moment you suspect fraud or misrepresentation has occured. We have a forensic team who can assist in finding hidden assets. We provide these services to our clients and it is best to work with us during your divorce so that we can help you to avoid these types of circumstances in the first place.
If you are concerned about fraud, misrepresentation or duress associated with your divorce decree we invite you to contact us or call 760-712-3741 to schedule an appointment.