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

A motion to modify or set aside a divorce is a legal document that is presented to the court in order to ask it to change the terms of a divorce judgment previously rendered by the court. This can include changing the parenting time, custody arrangements, or division of assets. In Indiana, a party has 45 days from the service of the final divorce decree to file such a motion. When filing a motion to modify or set aside a divorce, the person filing must file with the court an affidavit or sworn affidavit in support of the motion. This affidavit will explain the reasons for the motion and provide evidence in support of the motion. The person filing the motion must also serve notice of the motion on the other party and the other party will then have an opportunity to respond. The court will decide whether or not to grant the motion. The court will consider a variety of factors when deciding whether or not to grant a motion to modify or set aside a divorce. These factors may include changes in the situation of the parties since the divorce, such as a change in income, relocation, or the best interests of the children. The court will also look at whether or not the motion is in the best interests of the children and whether or not it would be fair to the other party to grant the motion. Ultimately, the court will decide whether or not to grant a motion to modify or set aside a divorce. It is important to have a qualified attorney to help with this process as the court will consider the facts and evidence presented in making its decision.

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

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