Can Divorce Be Reversed in California?
Most assume that once a divorce judgment is entered and filed in court, there is no turning back. Once the ink is dry on a final divorce decree, after all, what can be done? You might be surprised to learn that a divorce judgment in California can be appealed or modified even after it is finalized. Even as your divorce case is pending, you could stop the process and reconcile if your spouse agrees.
In either type of event, you will need an experienced California divorce lawyer to help make sure the process is handled correctly. A divorce attorney can explain your legal options after a divorce has been filed or the court has granted a divorce judgment.
Dismissing a Divorce Case While it is Pending
If you filed for divorce in California or were served with divorce papers, that does not mean you are divorced. A divorce is not final until a judge reviews and signs the final agreement regarding property division and child custody when children are involved. If you filed the divorce complaint as the petitioner, you can voluntarily dismiss the divorce case if your spouse has not responded to the petition yet.
If your spouse has been served and filed a response, you would then need their permission to dismiss the case. The court would need an agreement signed by both sides of the case to order a dismissal. Once served, for example, your spouse could file a counterclaim of their own for divorce. The legal process can’t be halted without both sides agreeing to it.
If you change your mind about the divorce process but choose to remain separated, you can file for a legal separation in California. This avoids a divorce judgment but allows the court to divide your property, assets, and debts while you remain separated.
Modifying a Divorce Judgment After it is Finalized
If the court entered your divorce judgment, you could still have legal options to pursue. However, a full reversal of the divorce judgment is unlikely in most cases. Although a final divorce decree is meant to be final, you could do either of the following:
Appeal The Divorce Judgment
Appealing a divorce in California would require you to show proof of bad faith by the other spouse (concealing assets, for example) or prove that a factor affecting child custody and safety was not addressed by the court entering your judgment. You could also argue that the judge in your divorce case misapplied the law when your judgment was entered. Another legal theory for appeal could be duress–that you were pressured or coerced into signing the divorce agreement.
File A Motion To Modify The Divorce Judgment
If a full appeal of the divorce judgment does not make sense, you could move to modify the divorce judgment. Modifications are easier to obtain than appeals of a judgment and can be quicker and less expensive to achieve. Modification can apply to the provisions of your judgment you do not agree with while leaving most other provisions intact.
Common subjects for modification of a divorce decree can include child support, spousal support, or property division. Courts will not entertain motions to modify simply because you changed your mind, however. You will need to show a compelling reason–such as a significant change in circumstances–to modify your divorce judgment successfully. A serious health condition or sudden change in employment could provide grounds for modification, for example.
Modification of a divorce judgment in California could change a minor issue with the judgment, or it could make sweeping changes to property division or child custody. Whether the court will grant your motion to modify depends on the facts involved.
Under either approach, you will benefit from having an experienced Los Angeles divorce lawyer at your side. If you seek to appeal or modify a divorce judgment, your efforts will likely be opposed by the other side. Don’t go into battle on your own–trust a divorce lawyer with years of experience in this area.
Contact a Los Angeles Family Law Lawyer Today
Whether you are in the midst of the divorce process or a divorce judgment has been entered, you have important legal options at every stage. A divorce judgment can be appealed or modified under certain circumstances. A skilled Los Angeles divorce lawyer can help. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(310) 271-6290
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586