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 that puts the divorce on hold while new information is presented and considered. In Kansas, this motion is typically filed if the original divorce decree has been issued but one of the parties wants to revise the terms. For example, if the settlement agreement outlines child support but one of the parents loses their job and can’t pay the amount, they can file a motion to modify the agreement. The motion must include a statement of the facts supporting the need for the revision. The party must also include an affidavit, which is a written statement made under oath. The affidavits must provide details of the changed circumstances that make the existing court order impractical or unfair. The motion must also include all supporting evidence and documents. The judge will review the motion and decide if it should be granted. If a motion to modify or set aside a divorce is accepted, the divorce will remain on hold until the court has heard the evidence and decided if the original court order should be changed. If the court denies the motion, the divorce will proceed as originally ordered.

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