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

In California, a motion to modify or set aside a divorce is a legal filing that allows a person to ask a court to change or reverse a divorce order. This motion must be made within a set amount of time from the date the divorce was finalized, and it must be served on the other party in the divorce. When a person files a motion to modify or set aside a divorce, they are asking the court to change or reverse some part of the divorce ruling. This could include changing or reversing important decisions like alimony or child support amounts, custody arrangements, or division of assets and debts. In order for the court to consider the motion, the person filing the motion must show they have a good reason to make the request. The court will also consider whether the motion is being made in the best interests of any children involved in the divorce. The court may also look at other factors, like whether a spouse is trying to delay or disrupt the divorce process, or whether a spouse is trying to take advantage of the other. In most cases, the court will set a hearing date to consider the motion and allow both parties to present their arguments. Depending on the situation, the court may decide to modify or set aside the divorce, or the motion may be denied.

Related FAQs

Can a divorce be overturned?
What is a post-divorce modification?
What are the different types of divorce?
What is an absolute divorce?
What is the difference between a legal separation and a divorce?
How is property divided in a divorce?
How is child custody determined?
How do I start a divorce process?
What is the difference between an uncontested and contested divorce?
What is a child support modification?

Related Blog Posts

How Divorce Law Impacts Your Finances: Key Facts & Tips - July 31, 2023
What You Need to Know About Divorce and Child Custody - August 7, 2023
Navigating Divorce Mediation: What to Expect - August 14, 2023
Understanding the Difference Between Divorce and Legal Separation - August 21, 2023
The Impact of Divorce on Alimony & Property Division - August 28, 2023