Divorce decrees are designed to finalize the legal end of a marriage and outline each spouse’s rights and responsibilities regarding property division, alimony, child custody, and child support. However, life rarely stays the same after divorce, and what was reasonable at one point may no longer work for you and your current situation. If you’re wondering whether your divorce decree can be changed after it is considered final, it is imperative that you work with a skilled lawyer for experienced legal advice. Reach out to a Mountainside post-judgment action attorney today for more information and counsel.
Can My Divorce Decree Be Changed After It’s Final in NJ?
Once a divorce decree is signed by a judge, it becomes enforceable law, and both parties must comply with its terms. However, certain provisions may be subject to modification under specific conditions. In general, child custody and visitation, child support, and spousal support are modifiable terms in a divorce decree. However, property division and debt allocation typically cannot be altered.
Child custody and financial support obligations are based on the current and ongoing circumstances of each party, whereas property and debt division are based on each individual’s situation at the time of the divorce. Unless fraud or a mistake can be proven, these terms are not modifiable.
When Can I Change My Divorce Decree?
To change a divorce decree, you must prove that there has been a substantial and unanticipated change in circumstances that makes the current terms of the agreement unfair or impractical. Examples of valid reasons to modify a divorce decree include:
- Loss of employment or significant change in income
- Relocation of one parent
- Serious illness or disability
- Change in a child’s education or medical needs
- Remarriage or cohabitation of one party
The court distinguishes between temporary setbacks and long-term changes. For example, a brief period of unemployment after being laid off is not generally considered a valid reason to reduce a financial support obligation. Only permanent or long-term changes justify a modification.
How Can I Request a Modification?
In order to request a modification of your divorce decree, you must file a motion with the court. First, fill out the Notice of Motion to inform the court and the other party of the modification you are seeking. There are other required documents, including the Confidential Litigant Information Sheet, the Certification in Support of Motion, and the Proposed Order. Be sure to complete all forms accurately and on time.
Once your hearing date arrives, you can present the court with evidence of why you are requesting the modification, including income statements, medical records, and any other relevant information.
Whether you can no longer afford to comply with the divorce decree, you need additional support, or you believe it is in your child’s best interest to alter a custody agreement, understanding your legal rights and options is crucial during this time. Work with a skilled family law attorney for experienced legal counsel today.
