Reopening a Divorce in Minnesota
Divorce is meant to bring complete closure on all matters involving an ex-spouse. However, life doesn’t always go as planned and issues are discovered that were unknown at the time the divorce was resolved. If new information has come to light or you believe your divorce was based on incomplete or false information, you may be able to reopen your divorce case in Minnesota.
What Does It Mean to Reopen a Divorce?
Reopening a divorce is a request to the court to review and potentially revise the final judgment and decree that legally ended your marriage. The court may consider whether fraud, misrepresentation, bad-faith conduct, mistake, errors, or other problematic issues exist to necessitate alteration of the final judgment and decree. When an ex-spouse requests a matter be reopened, they carry the burden of proof showing fraud or mistakes were made. Often this involves discovering non-disclosure of certain assets or debts that were not ordinarily discoverable by traditional methods after the divorce is finalized. It is important to note that reopening a divorce is not same as a requesting a modification of the terms of a divorce such as modification of child custody, modification of parenting time, modification of spousal maintenance, or modification of child support.
Reasons for Re-opening a Divorce in Minnesota
Minnesota Statute § 518.145 provides five reasons an ex-spouse may bring a motion to re-open a final judgment or decree. Three of the reasons for re-opening a divorce include the following:
1. Mistake, Inadvertence, Surprise, or Excusable Neglect
If there was a legal or factual error in your matter, the court may consider reopening the matter to make changes as appropriate to correct such mistake, inadvertence, surprise or excusable neglect issues. However, there are time limits in requesting a case be reopened on this basis.
2. Newly Discovered Evidence
When critical information emerges that could not have been reasonably discovered during the process of the divorce, an ex-spouse may request the divorce be re-opened to incorporate newly discovered evidence. The court can consider whether the original Judgment and Decree was fair or equitable given new evidence. As with the above, there are time limits to request relief.
3. Fraud or Misrepresentation
If an ex-spouse concealed income, assets, debts, or other relevant information during the divorce proceedings, the court may reopen the matter for consideration on adjustments necessary to produce a fair, just, and/or equitable outcome. However, if a reasonable and diligent effort could have produced findings of such information, relief may not be granted. Fraud or misrepresentation may require proof that the information was unobtainable due to conduct of the other spouse preventing the discovery of such information from coming to light. It does not simply mean a mistake or failure to follow up took place. Rather, it requires a showing that the information was not discoverable at the time. Financial nondisclosure is especially common in high-asset divorces. Again, there are time limits to request relief from the court.
Time Limits: When Can You Reopen a Divorce Case?
Minnesota places strict deadlines on motions to re-open divorce decrees, depending on the grounds for reopening. If the basis for re-opening the matter is rooted in any of the three reasons previously discussed, the time limit for such motion may require the filing be made within one year of the divorce.
Missing the filing deadline may result in your case being permanently barred. It is important you discuss your options with an attorney immediately upon discovery.
An Experienced Family Law Attorney in Minnesota Is Necessary
Reopening a divorce is not easy. The court assumes that final judgments are actually final to provide long term stability and more permanent outcomes preventing spouses from going after each other continuously. Overcoming this presumption requires a strong legal argument and solid evidence. At the Law Office of Tiffany Dust, we understand how emotionally exhausting it can be to revisit painful chapters of your life. That’s why we approach every case with compassion, strategy, and an unwavering commitment to your best interests.
If you are contemplating reopening your divorce or wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.
If this does not apply to you, please review our other services.
Below is a list of other Divorce Matters we assist with: