Can a divorce be overturned?

In Virginia, a divorce can only be overturned under limited circumstances. A court can overturn a divorce decree if there is proof of fraud, mistake, or other irregularity in the proceedings, or if a party was not given proper notice of the hearing. Another way a court can reverse a divorce is if the divorce was based on a mutual mistake between both parties. This would include any of the material facts that the parties asserted in obtaining their divorce, such as the amount of a settlement agreement or the value of an asset. In addition, when a court granted a divorce, the court can also reverse the decision if either party can prove that the court exceeded its authority. This is sometimes referred to as a collateral attack. A court can reverse a divorce if a party can prove that the court’s original ruling was based on an error of law or fact. If a court does not find sufficient evidence to overturn a divorce, then the divorce is considered final. It is extremely rare for a court to overturn a divorce, and such decisions are only made in the most extreme circumstances. If a party is not satisfied with the court’s ruling, they may be able to appeal the decision to a higher court.

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