Reopening a Divorce in Minnesota
Divorce is meant to bring complete closure on all matters involving an ex-spouse. However, undiscovered information may become available. If new information has come to light that was not provided during the initial divorce, or the 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 claim or defend against new information. The court may consider whether fraud, misrepresentation, bad-faith conduct, mistake, errors, or other issues necessitates revision. Requests to reopen a divorce requires a showing of fraud or mistakes occurred. A Party’s non-disclosure of certain assets that were not ordinarily discoverable may be grounds to request a reopened divorce. Note, reopening a divorce is not same as a request for modification of the terms of a divorce such as modification of child custody, modification of parenting time, modification of spousal support, 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 a legal or factual error exists, the court may permit reopening to correct the error. However, there are time limits in requesting a case be reopened on this basis.
2. Newly Discovered Evidence
When undiscoverable information emerges, the court may reopen the matter to incorporate newly discovered evidence. The court may consider whether the original Judgment and Decree was fair or equitable given new evidence. As with the above, there are time limits exist.
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 divorce. The court may consider whether adjustments to the Judgment and Decree are necessary to produce a fair, just, and/or equitable outcome. The reopen request must provide evidence that information was unobtainable due to the other spouse’s misconduct. There are time limits for requests to reopen a divorce on this ground.
Time Limits: When Can You Reopen a Divorce Case?
Minnesota places strict deadlines on motions to reopen 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. Upon finding information, it is important to discuss the issue with an experienced family law attorney because a failure to file timely request may make it impossible to pursue the issue.
An Experienced Family Law Attorney in Minnesota Is Necessary
Reopening a divorce is not easy. The court begins with the premise that all judgments are actually final, which provides long term stability while limiting future litigation. A request to reopen a divorce requires careful planning, strong legal arguments, and firmly solid evidence in support of the request.