Under certain circumstances, it may be possible to re-open a Divorce Decree or an Order of the Court even after it is entered. To re-open a Divorce Decree or a Paternity Order, a party must bring a motion before the Court together with supporting Affidavits and must prove at least one of the following:
That there was some sort of mistake, inadvertence, surprise or excusable neglect; or newly discovered evidence; or Fraud; or any other reason that would justify relief from the terms of the divorce decree. The party seeking to re-open a Decree has the burden of proof. In addition, there are strict time limitations in order to even bring a motion to re-open a Divorce Decree.
In the event of clerical errors, a Divorce Decree can also be modified by the Court either on its own initiative or upon the motion of a party.
If you are seeking to re-open your Divorce Decree, contact our Minnesota Divorce Attorneys for a free consultation.