QUESTION

Divorce is final. I couldn't afford a lawyer in my divorce. Can a divorce be contested after its final?

Asked on Dec 09th, 2014 on Divorce - Virginia
More details to this question:
I was awarded a 2012 Prius C in our divorce that my ex husband continues to make payments on. Can I sell MY car? My ex received both homes in our divorce. I got screwed. Can you please help me? Thank you for your time.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You have 21 days after entry of the Final Order of Divorce in which to appeal it to the Court of Appeals.  You must be able to show some kind of legal error in order to have a viable claim on appeal.  If the terms of your property division were part of a settlement agreement, you could have challenged the contract as unconscionable, if you could show that it was inherently unfair and there was unequal bargaining power, such that you were pressured into signing it.  But it's a little late for that after the final divorce is entered. As for your car, if there is nothing in the court order or agreement that prevents you from selling it I don't see what's stopping you.  But if you sell the car you may lose that monthly payment he is making for you, so I'm not sure why you would want to do that. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Dec 09th, 2014 at 7:07 AM

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