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 by either spouse to the court to alter a prior court order or ruling issued in their divorce. In Michigan, the motion must be filed by the spouse who disagrees with the ruling. The motion should include a statement of the facts and legal arguments that support why the court should modify or set aside the ruling. In some cases, the court may choose to set aside the ruling or modify the terms of the divorce. When a motion to modify or set aside a divorce is granted, the court may modify the original divorce decree, such as changing alimony payments, child custody arrangements, or division of property. The court may also set aside the entire divorce if it finds that the original ruling was issued in error. When deciding to modify or set aside a divorce, the court will usually consider the best interests of any children involved in the divorce. Additionally, the court may look at factors such as the length of time since the original divorce ruling was issued, the change in the parties’ circumstances, and the potential impact of the modification on the parties’ lives. In Michigan, a motion to modify or set aside a divorce must be filed as soon as possible after learning of the ruling. Depending on the type of ruling being challenged, the motion may need to be filed within a certain number of days in order to be considered. Ultimately, if you believe a court order issued during your divorce was incorrect or no longer applies to your current situation, then a motion to modify or set aside a divorce may be your best option.

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