Can Michigan Divorce Decrees Be Appealed or Modified?

Getting a divorce can be a grueling process. Not only are you dealing with the emotional aspects of essentially losing a loved one, but there are more practical concerns to contend with, including division of assets, settling child custody, and the possibility of finding a new living situation.

When the process is finally complete and your divorce decree has been finalized, you probably can’t imagine going back for round two. And yet, with time you may come to feel as though the divorce settlement wasn’t fair, perhaps because you feel the judgment wasn’t in keeping with established laws, or because you uncover fraudulent behavior (such as hiding assets) on the part of your ex-spouse.

You may find yourself wondering if a finalized divorce is actually the final word on the matter. If you feel you’ve been treated unfairly, can you revisit your Michigan divorce decree in hopes of attaining a better outcome?

As it turns out, there are circumstances in which a divorce decree can be appealed or modified. With the help of a qualified divorce attorney, you may be able to amend the terms of your divorce decree. Here are a few things you should know.

Appeals
Some couples are able to finalize divorce proceedings amicably with the help of a mediator. The sad truth, however, is that many are unable to resolve their differences in this setting, and end up going to court to settle their divorce. This means that a family law judge in the circuit court will hear your case and make a final decision regarding the terms of your divorce.

If you are unsatisfied with the judge’s ruling, you (or your spouse) have the right to appeal to the appellate court to see if you can overturn the decision (or part of it), supposing you didn’t sign a settlement agreement (which cannot be appealed or overturned).

In order to appeal, however, you must have a basis to argue that the circuit court judge applied Michigan law incorrectly, and therefore that the judgement is invalid. Even so, it is not common for an appellate judge to overturn the ruling of a circuit court, so you should ask your attorney’s advice before proceeding with an appeal.

Modification
Successful appeals are relatively rare, but modifications to divorce decrees are another option, and generally more productive. Modifications to divorce decrees may be approved based on a number of qualifying factors, but they tend to center on changes in circumstance that affect spousal support and child custody.

In the state of Michigan, divorced spouses can petition the court to modify the terms of the divorce decree, but modifications can also be enacted through agreement by both parties, once a judge approves.

Getting Help
If you want any hope of appealing or modifying a finalized divorce decree, you’re going to need the guidance, assistance, and expertise of a qualified family attorney.

The Gucciardo Law Firm is uniquely qualified to help you with any divorce-related concerns, including appeals and modifications. Call us today at (248) 723-5190 to schedule a consultation and get your life back on track following divorce.