When you and your spouse file for divorce, you may be able to work together to determine the details of your divorce, or the court can examine your case and issue a decision for you. Regardless, after your divorce, the court will finalize your divorce decree, which not only formally dissolves your marriage but also includes the terms and conditions of your divorce, such as how property will be divided, whether or not alimony is necessary, and how custody will be split if you have children. However, if you experience a change in circumstances, you may wonder if this agreement can be changed. The following blog explores what you should know if you want to modify your divorce decree, and the importance of working with a Somerset County post judgment modifications attorney to explore your legal options.
Under What Circumstances Can I Modify a Divorce Decree in NJ?
First and foremost, it’s important to understand that you cannot file for divorce in New Jersey simply because you are unhappy with or disagree with the terms and conditions of your final divorce decree.
However, there are a number of circumstances in which a modification can be warranted. Generally, so long as you can prove you have experienced a substantial change in your situation, you may be able to successfully petition for the alteration of your judgment. It’s important to understand that this change must be more than a temporary inconvenience, but rather a significant and persistent matter that can negatively impact your life.
Common reasons that a spouse may seek to modify the terms of their divorce are job loss impacting how much alimony they pay or receive, job relocation that can impact custody, or changes in the child’s circumstances that require additional support.
What Are the Steps Involved in This Process?
If you want to petition the court to change the terms and conditions of your divorce decree, it’s important to understand your legal options. In general, you’ll find that the first step in this process is to file a motion to modify your divorce in the same court that handled your case. You’ll need to clearly explain why you need the change and the specific modifications you’re seeking. You should also provide evidence of the change in circumstances to help your case.
The court may require you and your spouse to attend mediation to try to resolve the matter on your own. However, if you cannot reach an agreement, the court will hear your case and issue a decision. If the modification is honored, a new order will be issued with the changes, making them legally binding.
As you can see, obtaining a modification for your divorce can be incredibly difficult. That is why it’s critical to connect with an experienced attorney to assist you during these complicated matters. When you need assistance, the team at Siragusa Law Firm is here to fight for you. Contact us today to learn how we can represent you in these matters.