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

A motion to modify or set aside a divorce is a legal request that a court considers in order to allow a person to have their divorce reversed, modified, or changed in some way. Such requests are usually made when the terms of a divorce decree are deemed unfair or no longer suitable for the parties involved. In West Virginia, motions to modify or set aside a divorce are handled in family court, and the process requires that the petitioner has a legal reason to make the request. To initiate the process, the petitioner must file a complaint in family court and state why he or she believes the divorce decree should be modified or set aside. The court will then review the complaint and decide whether or not to grant the motion. This decision can be influenced by a number of factors, such as the length of the marriage, the financial situation of both parties, and the reason for the request. If the motion is granted, the court may modify the divorce decree accordingly. This could involve changing certain terms of the divorce, such as child support, division of property, and alimony. If the motion is denied, the divorce decree remains as it was originally given. It is important to note that motions to modify or set aside a divorce are usually difficult to win and require the petitioner to provide the court with adequate and convincing evidence to support the motion. As a result, it is wise to seek the assistance of an experienced lawyer when filing a motion of this nature.

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