Divorce agreements established during the marriage dissolution process outline the rights and responsibilities of each party. While these terms are legally binding and enforceable, they can be modified after finalization under certain circumstances. Please continue reading as we explore the grounds on which a divorce agreement can be modified in New Jersey and how our experienced Monmouth County Divorce & Separation Attorneys can help you navigate this legal process.
What is a Divorce Agreement?
A divorce agreement, also known as a marital settlement agreement or property settlement agreement, is a legally binding document that outlines the terms of a divorce. This includes property division, child custody, support, and other related issues. Essentially, when a married couple decides to end their relationship, they must address how they will split up their lives. This agreement must be signed by both parties and, if approved by the court, will become a part of the final divorce decree.
If possible, the couple should negotiate and agree on the terms that will apply to the termination of their marriage. However, if an agreement cannot be reached, then the court will intervene and issue a final decree on all unresolved matters.
Can a Divorce Agreement Be Modified After Finalization?
Contrary to popular belief, a New Jersey divorce agreement can be modified after it has been finalized. However, the process is not simple and requires demonstrating a substantial change in circumstances. The court recognizes that life circumstances are subject to change over time. As such, an arrangement that worked at the time of the divorce may no longer be suitable.
Modifications to alimony, child support, custody, and visitation can be sought if you can prove that there has been a substantial change in circumstances since the original divorce decree was entered. This may include a change in income, relocation, or a change in the child’s needs.
What is the Legal Process?
If you are divorced but feel like an alteration of the original divorce agreement is necessary, it’s crucial to explore all of your legal options. To request a modification, you must file a motion with the court that issued your original order. You must submit the motion with your reasoning for the change and supporting evidence.
Depending on the reason that you are seeking the modification, relevant evidence may include financial statements, medical records, and other documents that demonstrate a substantial change in circumstances. The court will then schedule a hearing to review your motion. It’s important to note that you need to inform your ex-spouse about your intent to modify the order at least 24 days before the hearing is scheduled to be heard.
For more information about modifying your divorce agreement due to a change in circumstances, please don’t hesitate to contact a knowledgeable attorney from Paone Zaleski & Murphy. Our legal team is prepared to help you navigate this process and fight for the best possible outcome. Contact our firm today to schedule a consultation.
