After a divorce is finalized, life rarely stays the same. Financial situations change, children’s needs evolve, and new relationships or relocations can make existing court orders outdated or unfair. In New Jersey, it is possible to ask the court to modify your divorce decree. However, certain standards must be met to justify a change. If you have questions or concerns about your ability to alter the terms of your divorce judgment, continue reading and reach out to a knowledgeable Bergen County divorce modification lawyer today.
Understanding Divorce Decrees
A divorce decree, or a Final Judgment of Divorce, is the court’s final order that legally ends your marriage. While terminating the legal relationship, it also details each party’s rights and obligations regarding matters such as property division, alimony, child custody, and child support.
The terms outlined in the divorce decree are considered legally binding and enforceable once a judge signs off on the document. However, certain terms can later be modified if circumstances change significantly.
What is a Valid Reason to Change a Divorce Decree?
Spousal support, child support, and child custody are all modifiable terms of the divorce agreement, while property and debt division generally cannot be changed. However, in order to get your modification approved, you must be able to prove a material change in circumstances that warrants the alteration.
To modify child custody or visitation, valid reasons can include a parent relocating, a parent violating the custody agreement, concerns about the child’s safety or well-being, or the child’s evolving needs or preferences.
Financial support obligations may be modified if the paying spouse loses their job or retires, the receiving spouse remarries or cohabitates, a serious health condition limits either spouse’s ability to earn income, a child’s educational or medical expenses change, or even simply to adjust to the cost of living.
How Can I Ask the Court to Modify My Divorce Decree in NJ?
To ask the court to modify your divorce decree in New Jersey, you must file a Motion for Modification or Post-Judgment Motion in the same court that issued the original divorce decree. You will need to submit a variety of forms inlcuding a Notice of Motion, Certification in Support, Notice to Litigants, and more. Your former spouse must be notified and given the opportunity to respond to your request to ensure fairness and due process.
You will need to submit supporting documentation proving the change in circumstances that you believe warrants a modification of the order. This can include pay stubs or tax returns showing a reduction in income, medical records proving an illness or disability, school or childcare bills showing new expenses, or any other relevant information.
A hearing will be scheduled where the court will review your evidence to determine whether a modifcation is needed. Depending on the evidence presented and any argument from your ex-spouse, the court could approve or deny the alteration.
If you are requesting a modification of your divorce decree, it is crucial that you obtain legal representation to ensure your rights are protected. Reach out to a skilled attorney today for more information.
