What is a motion to modify or set aside a divorce?

A motion to modify or set aside a divorce is a legal request made to the court in Arizona, asking for a change to or the reversal of a divorce decree. This motion can be made by either party or both parties to the divorce. A motion to modify or set aside a divorce can be filed if either party believes that the court’s decree was wrong in some way. For example, a motion to modify or set aside a divorce may be filed if there was an error or mistake in the terms of the decree, or if one of the parties was not provided with adequate notice of the proceedings. In Arizona, this motion must be filed with the court within 20 days of the date the court’s decree was issued. The motion must include a statement of facts and any other evidence the filing party may have that supports their position. In addition, the filing party must provide a copy of the motion to the other party or their attorney. Once the motion has been filed, the court will review the evidence and make a decision. If the court finds in favor of the motion, the divorce decree may be changed, set aside, or even reversed. It is important to note that even if the court grants the motion, the divorce is not necessarily undone. The parties must take additional steps to reverse the divorce if that is their goal.

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