Couples are usually never satisfied with their divorce-related terms, especially when it comes to property division. With this, you may end up with assets that you never cared for in the first place, all while losing the assets that you required or that meant the most to you. Read on to discover whether you can change your property division terms after your divorce and how one of the seasoned New Jersey equitable distribution attorneys at Haber Silver Russoniello & Dunn can help you navigate this.
Am I allowed to change my property division terms after my divorce?
The short answer is, no, you are not allowed to change your property division terms after your divorce.
The long answer is that the state of New Jersey follows equitable distribution law. This law holds that the family court must split the marital property in a way that is fair and just to both parties involved. At the same time, the family court must assess the separate property and distribute it to its rightful owners. And so, if the family court were to change its property division decision after your divorce is finalized, this ultimately means that it is changing its stance on equitable distribution law.
How can I reach fair and just property division terms?
Since you, essentially, only have one shot at your property division settlement, you will want to make sure that it is finalized to your liking. Leaving this decision in the hands of the family court cannot guarantee this. And so, if you and your former spouse have remained amicable, it may be wise to opt for an alternative divorce method.
Whether it be mediation, arbitration, or collaboration, an alternative dispute resolution will allow you and your former spouse to have the final say on how your property division will play out. Once you can negotiate a settlement agreement that works in both of your best interests, then you can bring it forward to the family court for approval.
Am I allowed to change other divorce-related terms after my divorce?
Other than property division, divorce-related terms are quite possible to modify after the finalization of your divorce. More specifically, you may be able to change the terms of your alimony, child support, and child custody as needed. There is an official way of doing this, and it is through filing a petition for a post-judgment modification with the family court. Importantly, you cannot deviate from your enforced orders until the family court approves of any modifications.
If you are ready to file a post-judgment modification, then contact one of the competent New Jersey post-judgment attorneys today. We looking forward to collaborating with you.