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 requests a court to make changes to or overturn an existing divorce judgment. Generally, a motion to modify or set aside a divorce is used when one spouse believes the terms of the divorce were unfair or that the judge misunderstood something in the divorce proceedings. In North Carolina, a motion to modify or set aside a divorce may be made at any time after the divorce is finalized. When filing a motion to modify or set aside a divorce in North Carolina, a spouse must carefully explain why they believe the divorce should be modified or set aside. The spouse must demonstrate that there was an error in the divorce judgment or that there were changes to the financial situation or circumstances of either spouse since the divorce was granted. North Carolina law requires that the court receive evidence of substantial or material change to grant a motion to modify or set aside a divorce. In some cases, the court may be able to modify the divorce without having to hold a hearing. However, in other cases, the court may require both spouses to appear and provide evidence in a court hearing. If the court finds that there is sufficient cause to modify the divorce, it will make changes to the divorce judgment and order the new terms into effect. If the court finds no sufficient cause to modify the divorce, the original divorce judgment will stand.

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