A divorce decree is the legal document that officially ends a marriage. It also provides guidance for how important issues will be handled once the couple is officially divorced. However, the terms created at the time of the divorce may not be relevant or fair in the future. Depending on the specific situation, it can be possible to modify a divorce decree even after it is considered final. If you have questions or concerns about your legal rights and options during this time, consult with a Sussex County, Sparta post-judgment modification attorney today.
What is a Divorce Decree?
A divorce decree, or Final Judgment of Divorce, is a legally binding court order that finalizes the termination of a marriage. It includes all terms related to property division, alimony, child custody, child support, and any other obligations between the parties.
Once signed by a judge, the divorce decree becomes legally enforceable, and both parties must comply with its terms.
Is it Possible to Modify a Divorce Decree After It’s Final in NJ?
Yes, it is possible to modify a divorce decree after it is considered final in New Jersey. State courts recognize that life rarely stays the same, especially years after a divorce occurs. If there is a valid reason that the terms of the original divorce decree are no longer fair or manageable, you could request a modification.
It is important to note, however, that not all parts of the divorce decree can be changed. Modifiable terms include child custody, child support, and alimony, also known as spousal support. These terms are based on the ongoing personal circumstances of both parties.
Property division and debt allocation, on the other hand, are generally non-modifiable and based on each party’s situation at the time of the divorce. Unless it is proven that these decisions were made based on fraudulent information or some sort of mistake, the outcome of these issues cannot be changed.
When Can My Divorce Decree Be Changed?
The only way that a court would approve a modification of the divorce decree is if there is a genuine and valid reason to do so. You must prove that there has been a substantial change in circumstances that renders the current terms unfair or impossible to comply with.
For example, a court may approve a modification of the custody agreement if the child’s needs change or if one parent relocates for a job, develops a substance abuse problem, or there is evidence of abuse or neglect. All decisions related to children must be made with their best interests in mind.
The child or spousal support obligation can also be altered if substantial changes occur, like a significant change in income, the development of a serious illness or disability, remarriage or cohabitation, or a major change in the child’s needs.
You’ll need to provide financial documentation, medical records, and other supporting evidence to show that your circumstances have changed materially since the decree was entered. Reach out to a skilled divorce attorney to secure representation and legal advice today.