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In Massachusetts For Over 30 Years


In Massachusetts For Over 30 Years

Can I modify my divorce decree?

On Behalf of | Jun 12, 2019 | divorce |

The short answer is yes you can modify your divorce decree in Massachusetts. However, there are different ways to do it. You can file a complaint and go back to court, but that can be time-consuming. It also is costly since you will have to pay all the fees and expenses associated with filing a court case. Your other option is to file a motion to modify the order. While this is a little easier and less expensive, there are limits on when you can do this.

According to Mass.gov, you must meet certain requirements to file a modification motion on a closed case. You also must do it pretty quick. In fact, you have just one year to file a motion after your divorce is final.

You can only do it if very specific incidents or situations happened with your original case. One of those is if your ex-spouse misrepresented information or committed fraud as part of your divorce proceedings. Another is if you get new evidence that will have an impact on the final decree but that evidence was not available or could not have been discovered during your original court case.

The only other way you can modify your agreement is if there were mistakes in your first case. Generally, this means clerical errors. Perhaps something was not filed correctly or there were errors with the recording of the proceedings.

Keep in mind, though, that even if you can ask for a modification, the judge may not side with you. This information is for education and is not legal advice.