Skip to main content

How to Set Aside a Decree

You can set aside your divorce or custody decree shortly after its signed. This process is complicated, and you should consider speaking to an attorney. For your personal information, however, the following information can help you decide if you need to set aside your decree.
  • There is a Typo or Some other Error in the Decree

If you receive your decree and there is a typo or error in the document, you may have grounds to have the decree set aside. If a crucial part of your decree is missing, or says something different than you had agreed, you can have the court make a correction through motion.
  • I Made a Mistake or Found Something Out Too Late

A mistake in judgment may be enough to set aside your decree. However, this does not guarantee success, and your mistake will need to be a significant one. Feeling bad about your decision is not enough. If you have more questions, you should speak to an attorney about your situation. If you are surprised by some new fact after your decree was signed, you may be able to set aside your decree. The surprise must affect the decree in some significant way in order to succeed.
  • I Found New Evidence That Was Not Previously Available

Finding new evidence after a trial and decree could be enough to set it aside. You need to consider two things: (1) would the evidence change the outcome, and (2) could I have found it before now?
The evidence must have the ability to change the outcome. If this is your situation, you should speak to an attorney as soon as possible. You must also consider whether you could have found the evidence before now. The biggest question to consider is whether you could have learned this fact or found this person during the trial through reasonable efforts. If you did not use all of your discovery methods, you may be out of luck.
  • My Ex Lied to Me

If the only reason you agreed to something was because the other side lied to you, you may have grounds to set aside the decree. This is called fraud. You will need to show that the other intentionally lied to you in some way, and that you relied on that lie. You may also be able to set aside your decree if you can show that the other side misrepresented a fact.
  • 90 Day Time Limit

Time is of the essence when you set aside a decree. In most cases, you only have 90 days to set aside. If it has been longer than 90 days, there may still be hope. If you think you may have a case to set aside your decree, call an attorney immediately. The longer you wait, the less likely your claim is going to succeed.
Remember, if there is a problem or mistake, you may be able to set aside your decree!
You don't need to live with a mistake. If there are any questions, feel free to contact us at 801-810-9136, or visit us at our website!


Popular posts from this blog

5 Tips When Charged With a Misdemeanor

If you were recently charged with a misdemeanor, a court date is not far behind. Speaking in court is intimidating, and you may do something you regret. These tips are designed to put you on the right path to help you get the best deal possible. People have come to me in the past and told me that they wished they had known these things before they plead guilty to their misdemeanor. Before the next court date, consider these tips to help you. 1. Consider Not Pleading Guilty When you first go to court, it's called an arraignment. You will have an opportunity to plead guilty at that hearing to terms set by a judge or a prosecutor. You don't need to plead guilty. If you plead not guilty, the only thing that will happen is that they will set a pre-trial conference. This will give you time to either hire an attorney or further consider your options. It may also get you a better deal. In Utah, speeding tickets are misdemeanors. When you show up for court, you will be asked to plead …

How to Modify Your Divorce Decree

If there has been a substantial change in circumstances, you may have a case for decree modification.  This process can be a big waste of resources and time if you don't plan carefully. You may also want to consider whether you can solve the problem through mediation. Decree Modification Requires a Substantial Change in Circumstances You must show that there is a substantial change in circumstances. This is perhaps the most important preliminary question to consider. If your divorce decree is only a few months old, it is unlikely that the court will find there was a substantial change in circumstances. Your case will be much more difficult to prove the sooner you bring it after your divorce is finalized. There may be a situation, however, in which a substantial change in circumstances has occurred, even though a small amount of time has passed. If you are in doubt, you should consult with us or another attorney to determine the strength of a decree modification. Here are some exam…