Most people consider a divorce final once the judgment is signed. In many cases, it is. But under certain circumstances, a divorce case can be reopened—even in New York, where courts tend to favor finality. If you live in Garden City and believe your original divorce outcome was unfair or based on false information, it’s worth learning when the law allows for a second look.
Final Judgments Are Meant to Be Final
New York law treats divorce judgments as final and binding. This is by design. Courts aim to provide both parties with closure and avoid prolonging emotionally and financially draining litigation. Once a judgment has been entered, property has been divided, and terms have been agreed upon or decided by a judge, it is assumed that the case is closed.
That said, there are legal mechanisms that allow a divorce case to be revisited. These are not routine, and the burden is on the person seeking to reopen the case to prove there are legitimate grounds.
When Can a Divorce Be Reopened?
Reopening a divorce case typically requires filing a motion to vacate the original judgment. Some of the most common grounds include:
Fraud or Misrepresentation
If one spouse hid assets, misrepresented income, or provided false information during the divorce process, the court may reopen the case to correct the injustice. This often occurs when a spouse discovers undisclosed bank accounts, business interests, or retirement funds after the divorce has been finalized.
Mistake or Clerical Error
Sometimes, a divorce judgment contains a mistake—such as an error in calculating spousal maintenance or dividing assets. If the error is significant and affects the fairness of the outcome, a court may agree to review and correct it.
Newly Discovered Evidence
If a party uncovers new information that could not have been discovered with reasonable diligence during the original proceedings, it may justify reopening the case. This might include evidence of hidden property, a falsified financial affidavit, or documentation proving misconduct that directly impacted the division of assets or support.
Lack of Proper Notice
If one spouse was never properly served with divorce papers or had no opportunity to participate in the proceedings, they may be able to challenge the judgment on procedural grounds. In default cases—where one party didn’t appear—the court may grant a motion to vacate if notice requirements weren’t met.
It’s essential to act quickly. While fraud claims may not have a strict deadline, many other motions must be filed within one year of the judgment.
What Can Be Revisited?
In New York, not every part of a divorce agreement or order can be reopened. Courts are more likely to reconsider:
- Equitable distribution of marital property
- Spousal maintenance (alimony)
- Default judgments where due process was lacking
Custody and child support issues are handled a bit differently. These matters can be modified, rather than reopened, when there has been a substantial change in circumstances. For example, a significant change in income or a relocation request might lead to a change in custody or support, even if the rest of the divorce judgment remains intact.
It’s also worth noting that regret or second thoughts about an agreement—while common—are not legal grounds for reopening a case.
How the Process Works
If you believe you have valid grounds to reopen your divorce, the first step is to file a motion with the court that issued the original judgment. You’ll need to include supporting documentation such as:
- Financial records
- Affidavits
- Evidence of fraud or concealment
- Proof of lack of notice or improper service
A judge will review the motion and may schedule a hearing to evaluate the claims. The burden of proof rests entirely on the person seeking to reopen the case. Judges take these requests seriously and do not grant them lightly.
Talk to an Attorney Before Reopening Your Divorce
Reopening a divorce is a serious legal action. It can be emotionally taxing and may involve significant legal fees. Working with an attorney who understands how New York courts handle these motions and what judges expect in terms of evidence and procedure is crucial.
Aiello & DiFalco, we focus on building practical strategies that reflect your goals, protect your interests, and support a smoother transition into the next chapter. If you suspect that your divorce judgment was based on fraud, mistake, or missing information, you have legal options. Timing and evidence are critical, so it’s essential to seek counsel early. Contact us today to discuss your case in confidence.