Reopening a Divorce Decree in Minnesota

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.

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