Revisiting Property Division After a Tulsa Divorce
Divorce is a life-altering event, and one of the most significant challenges during the process is the division of marital property. In Tulsa, Oklahoma, as in many other states, the division of property is a central component of divorce settlements. Typically, once the divorce is finalized and both parties agree on the division of assets, that agreement is considered legally binding and final. However, what happens if new information comes to light or circumstances change after the divorce is finalized? Is it possible to revisit and modify the property division after the fact?
While the courts generally aim for finality in divorce settlements, there are certain circumstances under which property division may be reconsidered or modified post-divorce in Tulsa. Understanding these conditions and how to navigate them requires the expertise of a qualified Tulsa divorce attorney who can help you determine whether revisiting your property division is feasible.
Finality of Property Division in Tulsa Divorces
In Oklahoma, property division in divorce follows the principle of equitable distribution. This means that the court seeks to divide marital property fairly but not necessarily equally. Marital property includes assets acquired during the marriage, such as real estate, bank accounts, retirement funds, and other investments. Once the court issues a final divorce decree and both spouses agree on the division of assets, the settlement is generally considered permanent.
The courts aim for finality to give both parties closure and the ability to move forward without the constant fear of re-litigation. However, there are exceptions to this general rule. Under specific conditions, the division of assets may be revisited post-divorce.
Grounds for Revisiting Property Division Post-Divorce in Tulsa
Several scenarios may warrant revisiting a property division agreement after a Tulsa divorce has been finalized. The most common reasons include:
Mistakes or Oversights in the Original Agreement
One of the most common reasons for revisiting property division is if there was an error, oversight, or omission during the original proceedings. This can include situations where one spouse failed to disclose all of their assets—whether accidentally or deliberately—or when there was a miscalculation of the value of certain assets.
For example, if a spouse hid bank accounts, retirement funds, or real estate holdings that were not part of the original settlement, the court may allow the property division to be revisited. Similarly, if there was a mistake in assessing the value of certain assets—such as undervaluing a business or miscalculating the worth of a retirement account—this could also justify a modification of the settlement.
Discovery of Hidden Assets
Sometimes, after the divorce is finalized, one party may discover that their ex-spouse concealed assets during the divorce proceedings. Oklahoma law requires full disclosure of all assets during divorce, and any attempt to hide assets is illegal. If hidden assets are discovered post-divorce, the court may reopen the property division to ensure a fair distribution based on the newly discovered assets.
In such cases, the aggrieved party must provide clear evidence that the assets were intentionally hidden or that the full value of the assets was not disclosed. A Tulsa divorce attorney can help gather evidence and file a motion to request the court revisit the original property division.
Significant Changes in Circumstances
In some cases, property division may be revisited if there has been a significant change in circumstances since the divorce was finalized. These changes can include:
- Substantial increase or decrease in income: If one spouse experiences a dramatic change in their financial situation, such as a large promotion or losing their job, it may affect the fairness of the original property division.
- Inheritance or windfalls: If one spouse inherits a large sum of money or receives an unexpected financial windfall after the divorce, the court may consider revisiting the property settlement, particularly if it disproportionately affects the financial balance between the two parties.
- Discovery of new liabilities: Just as discovering hidden assets may warrant a change, the discovery of significant debts or liabilities that were not disclosed during the divorce could also lead to a reassessment of property division.
While the courts typically resist modifying property settlements post-divorce, substantial changes in financial circumstances can be persuasive, especially if those changes impact one spouse’s ability to maintain the standard of living established during the marriage.
Filing a Motion to Modify Property Division
If you believe you have valid grounds to revisit your property division after a divorce in Tulsa, you will need to file a motion with the court. This legal action formally requests that the court review the existing divorce decree and reconsider the division of assets based on new evidence or changes in circumstances.
The process of filing a motion to modify property division can be complex and requires clear documentation of why the original settlement should be changed. It’s essential to consult with a Tulsa divorce attorney to evaluate the merits of your case and ensure that the motion is filed properly.
Why You Need a Tulsa Divorce Attorney
Revisiting property division after a divorce is not a simple process, and courts are often reluctant to reopen cases unless there are compelling reasons to do so. Having an experienced Tulsa divorce attorney on your side can make a significant difference in whether your request is considered by the court. An attorney can:
- Review your original divorce settlement to identify any errors or oversights.
- Investigate potential hidden assets or undisclosed financial information.
- Help you document significant changes in circumstances that may warrant a modification.
- File the necessary legal paperwork and represent you in court proceedings.
A knowledgeable attorney can also help you understand your legal options, ensure your rights are protected, and increase the likelihood of a favorable outcome.
Talk to a Tulsa Divorce Attorney Today
In most cases, property division in Tulsa divorce settlements is final, but under certain conditions, it can be revisited. If you believe the original division of assets was unfair due to mistakes, hidden assets, or significant changes in financial circumstances, it may be possible to modify the agreement.
If you are considering revisiting the property division in your Tulsa divorce, the Divorce Law Office of Tulsa can help. Our experienced team of divorce attorneys in Tulsa can assess your case, guide you through the legal process, and provide the representation you need to achieve a fair outcome. Contact us today at 918-924-5526 to schedule a consultation and get personalized advice tailored to your situation. Don’t let an unfair property settlement impact your financial future—reach out for expert guidance.