Appealing a divorce settlement

On Behalf of | Nov 16, 2021 | Family Law | 0 comments

When a divorce in Oregon is finalized, a settlement is signed by both former spouses. Ideally, this settlement should be the end of conflicts related to the division of property, financial support, and other issues. However, in some cases, one of the parties might decide that they are not happy with the settlement reached with their ex-spouse. They might be able to appeal the divorce settlement.

Reasons for appealing

For the court to consider an appeal to a finalized divorce settlement, certain conditions must be met. These include:

• A serious legal error in the drafting of the settlement
• A mistake in the facts, such as a discovery that some assets were hidden
• A serious concern about the judge’s discretion

How does the appeal process work?

Once the appeals court decides to consider it, the other party must be informed. Each party then prepares a document with their position as well as supporting evidence for why they want to change the divorce settlement. From this, the parties might be allowed to argue their case briefly in court. The court then decides, which can take between 30 to 60 days in most states. In most cases, the appellate court upholds the original settlement. However, in some cases, the appellate court might order the parties to return to the original trial court so that a modification of the settlement can be made or so that a new settlement can be drafted.

The process of appeal can be costly and complicated. However, divorced couples have another option when seeking to change an existing settlement. They can seek an order modification, specifying the area of the settlement they want to change. This can be more efficient, quicker, and less expensive. To gain the modification, they must provide evidence that supports a reason for the change.