Divorce agreements are created during the process of terminating a marriage to provide each spouse with a clear understanding of their rights and responsibilities. The terms included in a divorce agreement are binding and legally enforceable, but individuals may wonder if they can be modified after finalization if circumstances change. If you have gotten divorced and feel like an alteration of the divorce agreement is necessary, it is important that you explore all of your legal rights and options. Read on and speak with a knowledgeable Mountainside post-judgment action attorney today for more information.
What is a Divorce Agreement?
A divorce agreement, also referred to as a marital settlement agreement, is a legally binding court document that outlines the terms of a divorce. When two people decide to end their relationship, they must figure out the details of how they are splitting their lives. The settlement agreement will include all relevant topics and discuss how they will be handled, including property division, debt allocation, spousal support, child custody, child support, and more.
The terms of the agreement can be made by the couple if they can negotiate and agree on their own or through mediation. However, if an agreement cannot be reached, then the court will step in and issue a final decree on all unresolved topics.
Can an NJ Divorce Agreement Be Modified After Finalization?
Yes, a divorce agreement can be modified after it has been finalized in New Jersey. While any line item could be subject to change, the most common types of modifications are to spousal support (alimony), child custody, and child support.
Court orders, including divorce agreements, are legally binding and enforceable, but the state recognizes that life circumstances are subject to change. An arrangement that worked at the time of the divorce may no longer be suitable a few years later.
For example, you may request a change to child custody or visitation arrangements if one parent is relocating to a different area, a parent is starting a new job that interferes with the current schedule, the child’s needs have significantly changed, etc. Changes in circumstances may warrant a modification of a divorce agreement, even if it has already been finalized.
How Can I Get My Divorce Agreement Changed?
To request a modification of your divorce agreement in New Jersey, you must file a motion with the court that issued the original order. You have to submit the motion with your reasoning for the change and evidence supporting your claim. Depending on the reason that you are seeking a modification, relevant evidence could include financial statements, medical records, or anything else that demonstrates a substantial change in circumstances. The court will schedule a hearing to evaluate your motion.
You must inform your former spouse about your intent to modify the order at least 24 days before the hearing is scheduled to be heard. To learn more about your legal rights and responsibilities during this time, reach out to an experienced family law attorney today.
