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

A Motion to Modify or Set Aside a Divorce is a legal action filed in court to change a decision that was previously made by a judge in a divorce case. In Oklahoma, a Motion to Modify or Set Aside a Divorce must be filed within 30 days from the date of the order. This type of motion is commonly used when one of the parties feels the requirements or agreements outlined in the divorce decree are no longer applicable and need to be changed. The court will first review the motion and determine if the changes proposed are valid and warranted. If so, the court will hear both parties’ arguments and decide if the divorce decree needs to be modified or set aside. In certain cases, a Motion to Modify or Set Aside a Divorce can be used to alter financial arrangements, child custody and visitation rights, and alimony requirements. However, it is important to note that a Motion to Modify or Set Aside a Divorce must be based on a substantial and material change in circumstances since the time of the divorce decree. Without such valid grounds, the motion will likely be denied. Ultimately, the court will make the final decision regarding whether or not the Motion to Modify or Set Aside a Divorce will be granted. It is important to speak with an experienced attorney to discuss all of the details and implications of a Motion to Modify or Set Aside a Divorce to ensure the best outcome is achieved.

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

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