Resolving Property Disputes and Other Issues After a DIY Divorce
Choosing to handle your divorce without the assistance of a Riverside divorce attorney can seem like a smart way to save money and maintain control over the process. However, many couples who go the DIY route later encounter serious problems, especially when it comes to dividing property. If you find yourself in a dispute with your ex-spouse months or years after finalizing a do-it-yourself divorce, you’re not alone.
Post-judgment issues are particularly common when divorcing spouses verbally agree to something (like a real estate buyout) but fail to properly include it in the written divorce judgment. Fraud and incomplete financial disclosures during the divorce can also lead to problems down the road. The good news is that you likely have legal options to resolve these issues, even if your divorce was granted long ago.
A Riverside divorce attorney at the Knez Law Group, LLP, can help you through your divorce or family law issue. But you must contact us as soon as possible, so we can fight for you and your future. Reach out to our family lawyers today at (951) 742-7681.
Typical Post-Divorce Problems
Here are some of the most frequent reasons ex-spouses end up back in court after handling their own divorce:
- Disagreements over buyouts or transfers of the family residence or other real estate
- Failure to comply with the property division terms of the divorce judgment
- Assets, debts, or reimbursement claims that were omitted from the judgment
- Accusations that a spouse concealed money or assets during the divorce
- Questions about the validity of the judgment due to fraud, duress, or lack of proper service
More often than not, these disputes come to a head when one party tries to complete a buyout of real property that was informally agreed to during the divorce. Without clear terms spelled out in the judgment, the parties may have very different understandings of their respective rights and obligations.
What Are the Deadlines to Challenge a Divorce Judgment?
California law imposes strict time limits on most requests to alter or set aside a divorce judgment once it’s been entered by the court. Depending on the basis for challenging the judgment, the deadline could be as short as 6 months from the entry of judgment. Some of the key legal deadlines include:
- CCP § 473(b): 6 months to set aside a judgment based on mistake, inadvertence, surprise, or excusable neglect
- CCP §§ 473(d): 1 year to set aside a void judgment (for example, due to lack of jurisdiction)
- Fam Code § 2122: 2 years to set aside a judgment based on fraud
In certain cases involving fraud, duress, perjury, or mental incapacity, an ex-spouse may have additional time to challenge a judgment under Family Code § 2122. However, they must prove that the grounds for setting aside the judgment could not have been discovered earlier despite the exercise of reasonable diligence.
Figuring Out Your Legal Options in Riverside
For those facing unresolved issues from a DIY divorce, there’s no one-size-fits-all solution. Your best course of action will hinge on several key factors, such as:
- The length of time since your divorce
- Your reasons for wanting to change or undo the judgment
- Your ex-spouse’s position on the disputed issues
- What your divorce judgment says (or doesn’t say) about the matter
- Any other complicating factors, like foreign assets or a family business
Depending on your specific circumstances, you may need to file a formal court motion to:
- Set aside all or part of the judgment based on fraud, duress, mistake, or improper service
- Modify certain terms of the divorce judgment to address changed circumstances
- Enforce the existing judgment against an uncooperative ex-spouse
- Divide an omitted asset or debt
Sometimes, ex-spouses are able to hash out their differences and reach a voluntary settlement rather than asking a judge to decide. Mediation or informal negotiations may be worth exploring, especially if both parties are on reasonably good terms.
Before taking any action, it’s crucial to discuss your case with a knowledgeable family law attorney in Riverside. Unwinding or modifying a divorce judgment is an uphill battle in many cases, and you’ll need to make sure you have sufficient evidence to support your claims. An attorney can review your judgment and divorce file, analyze any applicable legal deadlines, and recommend the best strategy for accomplishing your goals.
You Deserve Peace of Mind. Call Our Divorce Lawyers in Riverside Today!
Divorce proceedings can be stressful and overwhelming, even under the best of circumstances. If you elected to handle your divorce on your own to save money, you may have had good intentions of working out a fair agreement with your ex. But sometimes, hasty decisions made during a DIY divorce can lead to major headaches later, leaving you stuck with an incomplete or unjust result.
Fortunately, you don’t have to just live with the consequences of a flawed divorce settlement. With the help of a skilled Riverside divorce attorney at Knez Law Group, LLP, you can explore your options. Although not every issue can be reopened post-judgment, it’s well worth scheduling a consultation to discuss your rights and legal remedies.
If you’re ready to tackle unfinished business from a previous DIY divorce, we’re here to help. Contact us today to speak with an experienced divorce lawyer about your case. Life is too short to let an unfair divorce judgment hold you back.
Don’t wait to protect your rights. Call our Riverside family law firm today at (951) 742-7681 for a free initial consultation.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.