St. Paul, MN family law attorney John Jerabek discusses judgments in divorce cases and whether they are final or if they can be modified. When it comes to divorce cases, he explains that judgments become final within 60 days—on the 61st day after a judgment decree is entered. At that point, the judgment is considered final. However, certain issues such as custody and child support always remain open for modification. In that sense, while the judgment is “final,” not everything is entirely final.

Property division, for instance, is final. It can be overturned only under very limited circumstances, such as fraud, mistake, or another serious error. Even then, the standards for reopening property division are extremely difficult to meet.

If reopening is not possible within the 60-day window, an appeal is the available path. Much of his work has been focused on the appellate process. He has handled approximately 60 appeals before the Minnesota Court of Appeals, several before the Minnesota Supreme Court, and has also represented individuals in cases before the U.S. Supreme Court through amicus briefs.