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

A motion to modify or set aside a divorce is a court filing by one spouse requesting the alteration of an existing divorce decree. In Texas, a motion to modify or set aside a divorce can be used if one spouse believes that the court made a mistake in granting the divorce or that the terms of the divorce are unfair or no longer feasible. When filing a motion to modify or set aside a divorce, a spouse must prove to the court that there has been a significant and material change in circumstances since the time of the divorce that makes the existing order unreasonable or unjust. Additionally, the spouse must provide evidence that the new circumstances merit a change in the order. For a motion to modify or set aside a divorce to be successful, the requesting spouse must file the motion within two years of the divorce being granted, unless the change in circumstances is based on fraud or duress. The two-year limitation does not apply in cases of fraud or duress, as long as the motion is filed within a reasonable amount of time after the fraud or duress was discovered. In Texas, the court can grant the motion to modify or set aside the divorce if the requesting spouse can prove that there has been a material and significant change in circumstances and that the terms of the existing divorce are no longer reasonable or just. If the motion is successful, the court can modify or set aside any or all of the terms of the original divorce decree in order to provide justice to both parties.

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