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

A motion to modify or set aside a divorce in Idaho is a legal request that is filed by one or both parties to a divorce with the court. This type of motion typically asks the court to change a divorce decree or to end the divorce altogether. One of the most common reasons for filing a motion to modify or set aside a divorce is to seek a modification in spousal support or child support payments. Suppose a parent loses a job, making their current support payments unreasonable. In this case, they may file a motion to modify the divorce decree so that the court may consider a reduction in the payments. Another common reason for filing a motion to modify or set aside a divorce is to argue that the terms of the divorce are outdated. For example, a party may feel that the current division of assets is unfair because of changes in the financial circumstances of either party. In this case, they may file a motion to modify the divorce decree in order to prevent their ex-spouse from receiving an unfair share of the assets. Finally, a motion to modify or set aside a divorce may also be filed if one party believes that the divorce was not properly completed. This could include the failure of one party to appear in court or failure to submit the necessary paperwork. In this case, the court may be willing to reconsider the divorce decree and potentially set it aside. It is important to note that motions to set aside a divorce are not always granted. The court will evaluate each individual case to decide whether or not the motion is warranted.

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