Life can change at any moment, especially in the months and years following a major life event such as a divorce. While the terms of your divorce agreement are based on what is fair and reasonable at the time of the divorce, your circumstances will not likely remain the same forever. If a significant change occurs, your divorce decree can be modified even after it has been finalized. To learn more and secure skilled legal representation, reach out to a Morris County, NJ divorce lawyer today.
Can My Divorce Decree Be Modified After It’s Finalized in NJ?
Yes, your divorce decree can be modified after it has been finalized in New Jersey. However, courts will not approve a change on a whim or for any reason; there must be a genuine cause for your request to alter the document.
New Jersey law allows modifications to ongoing obligations such as alimony, child support, and custody arrangements. However, the property division and equitable distribution portion of the divorce decree is almost always final once it has been approved by the court. Unless there is compelling evidence of fraud or a mistake, these terms cannot be altered.
When Can My Divorce Decree Be Modified?
Alimony, child support, and child custody terms in your divorce decree can be modified any time you prove to a court that there has been a substantial change in circumstances that alters your ability to meet obligations, requires additional support, or affects your child’s welfare. To qualify as a significant change, it must be permanent, material, and unforeseen.
Limited duration and rehabilitative alimony can be modified not only based on a material change in circumstances, but also on the nonoccurrence of circumstances that the court believed would have occurred when the support was awarded.
Examples of valid changes include:
- Significant reduction or increase in income
- The development of a serious illness or disability
- Job relocation
- A child developing new needs
- A party’s retirement
- A party’s remarriage or cohabitation
Short-term changes, like a brief period of unemployment after being laid off and before securing new work, do not generally justify a modification. Courts look for long-term impact before determining that a new life circumstance warrants an adjustment of the terms.
How Can I File to Modify a Divorce Decree?
If you need to change the court order in your divorce, you must file a motion with the same court that issued the original order. Refer to the online sources offered on the New Jersey Courts website and read through the pamphlet. Complete all required forms and choose a motion date at least one month away.
You should include supporting evidence, like a Certification and financial documents that prove your changed circumstances. The other party must be notified and have the opportunity to respond. A hearing may be scheduled depending on the circumstances of the situation.
After presenting your evidence, the court could grant the modification, deny your request, or require further discovery before making a final decision. It is important to secure skilled legal counsel during this time, so reach out to an experienced attorney today.
