Can I Modify the Terms of My Wisconsin Divorce Decree?
You might feel as though you can finally go on with your life after your divorce is finalized and your paperwork is completed. The last thing you need is to have to return to court over a divorce term after all is said and done. A Wisconsin divorce court might have to modify or overturn a ruling in several situations. Wisconsin divorce lawyers can help you with your divorce decrees. If you are worried that your Wisconsin divorce will not be finalized, you need to know if you may modify the conditions.
When are the terms of a Wisconsin divorce finalized?
Real Estate Division
According to Wisconsin law, a property partition can be changed for the following reasons.
- error, oversight, surprise, or excused negligence;
- new information that qualifies a party for a fresh trial under section 805.15 (3);
- fraud, deception, or other bad behavior on the side of a rival party;
- The decision is invalid;
- It is no longer equitable for the judgment to have prospective applicability; the judgment has been fulfilled, released, or dismissed; a prior judgment on which the judgment is based has been overturned or otherwise vacated; there are other grounds for relief from the operation of the judgment.
- Any further justifications supporting relief from the judge’s application.
The finality of a decision is unaffected by this motion, nor is its execution suspended. A court may also hear a separate action to release a party from a judgment, order, or proceeding or to set aside a judgment for fraud on the court, provided that the existing legislation does not restrict this ability.
When do Parties file to have judgments overturned?
When a party feels their former spouse did not provide complete financial disclosure or was dishonest during discovery, they may ask the court for a remedy.
Divorce court decisions and mediation
Additionally, the law states that “the court might very well vacate or modify the judgment for the sufficient reason shown, upon its motion or the application of both parties” at any time within six months of the judgment’s granting if it returns the parties to their marital relationship as it was before the judge’s granting.
Parenting time modification
After a divorce, parents may decide or be required to modify the conditions governing child custody, placement, and support. These modifications are often not allowed under Wisconsin law until at least 2 years after the agreement has been reached. The court can decide to approve the proposed adjustment if the party requesting it can demonstrate with sufficient proof that the present parenting arrangements are emotionally or physically detrimental to the child’s best interests.