Morris County Post-Divorce Judgment Relief Lawyers

When faced with a pending divorce, many people find it difficult to accept or simply wish for the process to be over quickly. As a result, some sign highly unfavorable settlements or allow their divorce to go into default. However, agreements regarding child custody, child support, alimony, and asset division have a massive impact on your future.

If you signed an unfair agreement under intimidation, were lied to about assets, or let a divorce go to default, you have legal options. With the help of our Chatham post-divorce judgment relief lawyers, you can seek a modification that protects your specific needs.

Post-Divorce Judgment Relief Lawyers | Representing Clients Throughout NJ

At The Morris County Law Office of Townsend, Tomaio, Newmark & Clancy, our seasoned family law attorneys help clients seek relief from unfair or default judgments. We serve towns like Mendham, Morris Township, Mt. Olive, and the greater Morris County area to void or modify judgments effectively.

[Image of New Jersey Rule 4:50-1 legal relief timeline and requirements]

Modification of a Default Divorce Judgment (Rule 4:50-1)

A “default divorce” occurs when the defendant fails to file an answer to the initial complaint. In these cases, the court typically decides the terms, often in favor of the filing party. New Jersey Rule 4:50-1 governs how you may petition the courts for relief.

Requirements for Seeking Relief from Default

The most critical requirement is that you must file within one year of the default judgment. Additionally, you and your attorney must demonstrate one of the following:

Inequitable Judgment: Assets were divided unfairly.
Mistake: Errors in declaring marital property or valuation of assets.
Fraud or Misrepresentation: The judgment involved intimidation or deception by one party.
Changes in Law: Divorce law has changed in a way that would have fundamentally altered the initial settlement.

Property Settlement Agreement (PSA) Modification

While modifying a signed Property Settlement Agreement is often more complex than a default judgment, it is possible under specific circumstances. A signed agreement can be modified if it is proven that:

The agreement was the product of fraud, coercion, or intimidation.
It was based on mistaken information (e.g., incorrect asset valuation).
Information was concealed by one party during negotiations.
The agreement is “unconscionable,” meaning no reasonable person would agree to such terms.

Contact Our Morris County Post-Divorce Settlement Modification Lawyers

By practicing exclusively family and divorce law, our firm provides the specialized counsel needed to navigate complex relief petitions. Do not let an unfair or forced settlement dictate your financial future.