Because of this, it is often difficult for clients to make sound decisions while in the thick of it. Even with the best attorneys on their side, many people have post-divorce regrets and may want to renegotiate a divorce settlement in California.
The good news is that in the state of California, you have options for negotiating the terms of your divorce settlement. Broadly speaking, these options fall into three major categories: an appeal, a motion to vacate, and a petition for modifications. All three of them are discussed below so that you can begin to determine if one of them fits your particular situation.
Renegotiate a Divorce Settlement in California by Petitioning for Modifications
This option is perhaps the least drastic of the three, as you aren’t seeking to throw out or change all of agreement. Instead, a modification is usually used to rectify a specific problem or address only one or two issues.
Most people petition for modifications because something in their lives or their exes’ lives have changed drastically since the original agreement. These circumstances usually revolve around finances, including the loss of a job or change in employment that significantly impacts income, retirement or disability, or having to move because of work or other reasons, as well as wanting alterations to child custody.
If you’re the one who brings this petition before the court, you are saddled with the burden of proof. You must prove not only that circumstances have changed, but that they are likely to stay that way permanently. Because of the complex nature of these proceedings, it is wise to employ the aid of a competent attorney to walk you through and handle much of the process for you.