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Challenging a divorce decree

| Jan 25, 2018 | Property Division |

Not all Ohio residents will feel that their divorce judgment was fair or just. Some might feel one spouse unfairly received more assets due to bad information or unfair maneuvers carried out in the divorce proceeding. However, Ohioans are not without recourse. According to the Ohio State Bar Association, you can challenge a divorce decree by filing for a motion for relief from judgment.

A motion for relief from judgment can be filed under certain circumstances. For example, you and your former spouse may have passed along a fact in the case that was later shown to be false. In essence, a mistake was made, one that could have cost you assets or other rights. You may also have lost out on your rights due to a surprising development in the case that you could not have anticipated under ordinary circumstances. Similarly, you may have neglected a particular action to help you in the divorce, but the neglect was understandable.

Additionally, you may file for a motion for relief if new evidence has been discovered that could help your case but was not found in enough time to make a motion for a new trial. Further grounds for filing a motion for relief exist if you find out that your former spouse misrepresented facts or evidence, committed fraud or otherwise misbehaved in the course of the divorce. Also, if you have any other reason that justifies changing the initial divorce order, filing a motion is permissible.

It is also important to file a motion for relief from judgment within a reasonable amount of time. For the specified reasons listed, such as fraud or neglect, a filing should be made within one year of the original divorce decree. However, according to Cornell Law School, if you have a reason to file that is not specified under Rule 60 of Federal Rules of Civil Procedure, you may be able to file a motion longer than a year after the divorce decree.

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