Q: Question on if a divorce agreement can be changed 4 years later
Hi
My question is, due to the emotional and physical abuse to the woman at the time, is it possible to go back and ask for a change to a divorce settlement bc the woman at the time was not of the right mind to carefully examine and understand her options and rights under the law?
Scenario:
Married 12 years. Over that timeframe, there are records of her calling the police on her husband for physical abuse, such as hitting her, dragging her around the house and throwing lit cigarettes at her. He also raped her several times. He had a child w another woman while they were seperated for less than a year. It became so bad for her, she needed to get out, and was desperate to do whatever she could to just get away from him. He is in the military but they would not help. She suffers from severe anxiety as a result, the verbal abuse continues w her and the children. Does she have a case to ask for a change including back alimony?
Thank you, she is at her wit end
A:
Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.
If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.
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