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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!

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