Can a divorce be overturned?
In Arizona, a divorce can be overturned in certain limited circumstances. Generally speaking, a divorce that has already been finalized cannot be reversed simply because one of the parties changes their mind. The only way a divorce may be reversed is if one of the parties can prove that it was obtained through fraud or that the defendant did not have the mental capacity to understand the proceedings at the time the divorce was finalized. Another way a divorce could potentially be overturned is if some type of mistake was made. This could include a clerical mistake on the part of the court, or a mistake in the interpretation of the law by the judge. In order to successfully get the divorce reversed, the mistake must be substantial enough that it had an effect on the outcome of the proceedings. In addition, if one of the parties was not properly represented during the proceedings, or if the property division or alimony was not properly calculated, the divorce could be overturned. However, the party that wishes to challenge the divorce must be able to prove that the other party was significantly affected by the mistake or mistake in calculation. Reversing a divorce is a difficult task and it is not something that is done lightly. If one of the parties wishes to overturn a divorce, they should seek the advice of an experienced family law attorney to assist them in challenging the outcome of the proceedings.
Related FAQs
How is property divided in a divorce?What is a postnuptial agreement?
How is child support calculated?
What is antenuptial/prenuptial agreement?
Who pays for the divorce?
How does a court decide who gets custody of the children in a divorce?
What is a qualified domestic relations order (QDRO)?
What is the difference between a contested and uncontested divorce?
What is a marital dissolution agreement?
What is a constructive desertion?
Related Blog Posts
How Divorce Law Impacts Your Finances: Key Facts & Tips - July 31, 2023What You Need to Know About Divorce and Child Custody - August 7, 2023
Navigating Divorce Mediation: What to Expect - August 14, 2023
Understanding the Difference Between Divorce and Legal Separation - August 21, 2023
The Impact of Divorce on Alimony & Property Division - August 28, 2023