Can property division be renegotiated after a settlement?

Question: I have been divorced for right at a year now. We were separated for over 2 years before our divorce was final and actually that was our 2nd separation. But the question I was wanting to know is can I take her to court now that divorce is final and redo our financial situations. I agreed on certain things just cause I wanted it done and over her and I remain friends and at the time I was wanting to stay in Columbia, SC where I work and we lived an hour away and I did not want to commute anymore.

Well we had lots of debt in both of our names so I agreed to take all of our debt and pay including the 2nd mortgage in the house she was living in and still residing in. I did this cause she mentioned she could not afford house and 2nd mortgage and then that meant we would have to try and sell and with 2nd mortgage was no way we could. Our bills equaled around $35,000 and the 2nd is $25,000. Did I mention I paid half of her lawyer fees and I did not retain a lawyer myself? I know dumb but just was trying to do some of the right things.

We were married for over 10 years and no kids. Well now getting back to more of the question she now has her boyfriend living with her and I am still paying 2nd mortgage could I take her back to court to get her to start paying for that mortgage and if so is it worth trying?

Oh and our income is I make around $42000 and her around $33000 and we both work part time jobs that which is not included in that figure.

Answer: I cannot answer your question specifically to the laws of the State of South Carolina, as I am not licensed to practice law in that State. However, generally it is not possible to modify a property division. Issues relating to child support, child custody and maintenance (alimony) are modifiable, property and debt allocations are not modifiable. The only possible solution would be to set aside the entire divorce agreement.

Most jurisdictions have a strict limit of one year on the time that you can go back to court to set the Dissolution Judgment aside. Even if you are within the one-year time frame, it is extremely difficult to convince a judge to set aside a settled agreement.

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