A New Hampshire couple recently found out that divorce, like marriage, is a commitment. After 24 years of marriage, the couple decided in 2014 to divorce. However, something changed, and the two got back together after the divorce had been finalized. So, the couple filed an appeal to get the divorce “vacated,” or thrown out ”“ but they were denied.
If you are considering divorce, the last thing on your mind is probably how to get back together with your spouse ”“ but what if the New Hampshire couple had been from Colorado? Would they have been able to have the divorce vacated?
Factors That Can Allow a Divorce to Be Vacated
Divorce decrees in Colorado are generally considered to be binding agreements. However, depending on circumstances revolving around the divorce, there are some situations where the divorce can be vacated. The specific statute is C.R.S. 14-10-112(2), which reads:
“The terms of [a] separation agreement ”¦ are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or request of the court, that the separation agreement is unconscionable.”
Unconscionable, in this context, means that some part of the divorce agreement has to be grossly unfair. Generally, this would likely have to include some component of fraud or misrepresentation by one party: for example, if a business valuation in a divorce decree turned out to be completely wrong or if one spouse hid or lied about an asset.
Contact a Knowledgeable Divorce Attorney in Greenwood Village
Without grossly unfair provisions in a divorce agreement, generally speaking, divorce decrees are binding and irreversible. Once it’s done, typically, there’s no turning back.
Of course, you could always get remarried.
Our Denver divorce attorneys are experienced in handling matters of family law regarding marriage, divorce and property division. Contact us today to learn more.