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 one of the parties involved in the divorce. This motion is generally made when there have been changes in the circumstances that necessitate the modification of the divorce decree. In Virginia, a motion to modify or set aside a divorce can be filed in the circuit court in the county where the divorce was granted. This motion must be accompanied by a copy of the original divorce decree, a statement of the changed circumstances, and a proposed order for the court to consider when it reviews the motion. If the material facts in the divorce decree have changed since the divorce was initially granted, the court may modify or set aside the divorce decree as it sees fit. For example, if the income of one of the parties has substantially changed, the court may find that the distribution of property or the amount of alimony payments should be modified in order to provide for a more equitable result. The court evaluates the factors involved in each particular case before making a decision about whether to modify or set aside the divorce decree. It is important to note that a motion to modify or set aside a divorce can be an expensive and time-consuming process. Therefore, it is beneficial to consult with a skilled divorce attorney before filing the motion.

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

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