Legal Question in Family Law in Minnesota

Re: amending divorce decree

Thank you for your question regarding the amendment of a divorce decree.

More facts are required to answer your question, and to determine whether you want to "amend" or "modify" some part of the decree. Although these terms may seem similar, they are very different in their meaning.

A decree can be amended, usually to correct a clerical error, without a great deal of effort. This often occurs when a divorce decree contains an errant legal description, for example.

Modification of a decree is another matter entirely. Child support and spousal mainenance can be modified, for example, provided there is a substantial change in the financial circumstances of either party.

Custody and parenting time schedules can also be modified, provided certain threshold requirements are met. For example, custody can be modified if a child is "endangered" by the current custodian, while a parenting schedule can generally be modified if it is in the best interests of the child.

Property awards cannot ordinarily be modified and are considered final. In rare cases the property award can be reviewed and changed, typically if one of the parties committed fraud by failing to disclose assets. Even then, however, the motion to reopen the decree must be made within one year.

Finally, after a decree is entered, it is subject to appeal, provided the appeal is filed within the time limits set out in the rules of appellate procedure. In general, this is 60 days from the date judgment is entered.

If you have further questions with more specific facts, you may feel free to contact me and request additional information.

Good luck.

Re: amending divorce decree

Sorry, I can't answer that question without more specific information:

Do you want to amend custody, child support, property? Rules are different depending upon what you want.

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Chambers, Harvey & Carpenter [email protected]