Milford Law Firm

Setting Aside Decree/Order

Court rulings in family law cases are meant to be final, but in some situations, a decree or order may need to be set aside due to errors, fraud, newly discovered evidence, or procedural issues. If you believe a court decision was unfair, based on incorrect information, or issued under improper circumstances, you may have legal grounds to request that the order be reconsidered or overturned.


At Harding Law Firm, LLC, we help individuals navigate the complex process of setting aside a decree or court order. Whether you need to correct a mistake, challenge a ruling, or reopen a case due to unforeseen circumstances, we provide the legal support needed to pursue justice and protect your rights.

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When Can a Court Order Be Set Aside?

A family law decree or order may be set aside if there is a valid legal reason to challenge its validity. Common grounds for setting aside a decree or order include:


  • Fraud or Misrepresentation – If one party intentionally misled the court or withheld key information, the ruling may be invalid.
  • Mistake or Clerical Errors – Court orders that contain significant legal or factual mistakes may need to be corrected.
  • Newly Discovered Evidence – If critical new evidence emerges that could have impacted the original decision, the case may need to be reconsidered.
  • Failure to Properly Notify a Party – If one party was not properly served or given notice of the case, they may have been denied the opportunity to defend themselves.
  • Unjust or Unenforceable Orders – In some cases, an order may be set aside if enforcing it would create severe hardship or inequity.


Each case is unique, and not all court orders can be overturned. Our firm evaluates the specific details of your case and determines the best legal strategy for seeking relief.

The Legal Process for Setting Aside a Decree or Order

To request that a court order be set aside, the following steps are typically required:


  1. Filing a Motion – A formal request must be submitted to the court, explaining the legal basis for setting aside the order.
  2. Providing Evidence – Supporting documentation, such as financial records, witness statements, or new evidence, may be required.
  3. Court Hearing – The judge will review the case and determine whether the motion meets the legal criteria for setting aside the order.
  4. Issuing a New Ruling – If the request is approved, the court may modify, correct, or vacate the original decree or order.


Because courts generally favor finality in legal decisions, setting aside a decree or order is not an easy process. It requires a well-prepared argument backed by strong legal reasoning. Our firm works to build a compelling case that demonstrates why the ruling should be reconsidered.


Protecting Your Rights and Seeking a Fair Outcome

If you believe a court order was issued unfairly or based on false information, you have the right to seek legal remedies to correct the decision. However, time is often limited for requesting a modification or reversal, so taking action quickly is critical.


At Harding Law Firm, LLC, we guide clients through the legal process, ensuring that their rights are protected and that their case is presented effectively in court. Whether you need to set aside a divorce decree, custody order, or another family law ruling, we are here to help.


Take the Next Step in Challenging a Court Order

If you believe a court decision should be reconsidered, contact Harding Law Firm, LLC today. We will review your case, explain your legal options, and help you take the necessary steps to seek a fair resolution.

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