Divorce is a significant transitional time in an individual’s life. One of the most important documents that comes out of a divorce case is the settlement agreement. Once the divorce agreement is signed and submitted, the sense of finality may be daunting. While a divorce agreement is legally enforceable, it can also be modified after finalization if circumstances require a change. When and how you can alter the terms of a settlement agreement depends on a variety of factors unique to your situation. For more information and to obtain skilled legal representation during your case, reach out to an experienced Morris County, NJ divorce lawyer today.
What is a Divorce Agreement?
A divorce agreement, or settlement agreement, is a court order that outlines the key aspects of a divorce and states the terms of all relevant issues. Important issues that are often addressed in a divorce agreement include:
- Spousal support (alimony)
- Property division
- Debt allocation
- Child custody arrangements
- Child support
The divorce agreement details how each of these topics will be handled moving forward and each spouse’s rights and responsibilities. This ensures clarity on both ends and prevents disputes and misunderstandings later on.
When Can A Divorce Agreement Be Modified After Finalization?
There may be circumstances that warrant a modification of the divorce agreement, even if it has already been finalized. It is important to understand that courts are not likely to revise property division or debt allocation because of the nature of those decisions. The way that assets and debts are split is dependent on the total picture of each spouse’s financial situation, so the only way that they could be modified after being finalized is if there is evidence of fraud or a major error.
The most commonly accepted modifications are to alimony, child custody, and child support. In terms of child custody, courts always strive to prioritize the best interests of the child. However, a child’s needs and circumstances change as they get older and grow. Additionally, a parent could move to a new location, start a new job that interferes with the custody schedule, develop an illness that leaves them unable to care for the child, etc. In any of these cases, a court can approve a modification.
Financial obligations like spousal and child support can also be modified if one party’s circumstances change and create a need for an adjustment. In any situation, the main factor of whether or not a court will approve a modification is whether there has been a substantial change in circumstances that warrants an adjustment of the agreement.
If there is no change in circumstances or if it is not major enough to require an adjustment, the court may be hesitant to approve it unless both parties are in agreement.
If you have questions about your divorce agreement, reach out to a skilled family lawyer for more information today.
