Can I Modify a Divorce Decree in New Jersey?

When you and your spouse first decide that a divorce is in your best interest, the established terms and conditions may reflect what is best for your family at the time. However, as your life changes, your needs may adjust too. As such, you may wonder if it’s possible to modify your divorce decree. The following blog explores what you should know about this process, including the importance of working with New Jersey post-judgment modification & enforcement attorneys to explore your legal options during these difficult matters.

Is It Possible to Modify a Divorce Decree?

First and foremost, it’s imperative to understand that you can modify a divorce decree in New Jersey. However, you cannot change the terms and conditions simply because you disagree with them or do not like them. Generally, these changes only apply to matters involving alimony, child support, or child custody. For the court to change these terms, you must be able to show that substantial circumstances have occurred that warrant a change. The following are common examples of reasons you may request to change the terms and conditions of your divorce agreement:

• Parent relocation
• Sudden onset of illness or medical condition
• Job loss due to no fault of your own
• Promotion or a new job with a significant pay increase
• Remarriage
• Retirement
• A change in the needs of the child

Typically, the court will only grant a change if you can show that the circumstances that have occurred impact your ability to comply with the previously established orders. You should also note that if the reason you wish to change orders is that your spouse refuses to comply with them, such as refusing to pay child support, despite having the ability to do so, you can ask the court to enforce them rather than change them.

If you want to change the child custody arrangement, you should note that even if a change occurs, the court must still determine if the proposed modifications are in the best interest of the child.

What Are the Steps in this Process?

Generally, if you wish to change the terms and conditions of a divorce agreement, you can begin by having an open and honest conversation with your ex-spouse. If you can both agree to the changes, you may not need the court to get involved, saving you time and money. However, if you can not agree, the process looks much different.

The first step you must take is to file a petition with the court to modify the divorce decree by submitting completed forms to the court. These forms can be lengthy and complicated, so enlisting the assistance of an attorney to help you through this process can reduce the risk of errors or delays in your case. Once you have filed the forms with the court, you’ll need to serve your spouse with papers. This informs them of the motion you’ve filed and informs them of their next steps in this process. Once your spouse has been served, a hearing will occur in which both parties can explain why the orders should or should not change.

As you can see, this process can be complicated to navigate. That’s why it’s in your best interest to discuss your legal options with an experienced attorney with Haber Silver Russoniello & Dunn. We understand how overwhelming it can be to embark on this legal process, which is why our firm is dedicated to fighting for the best outcome for you and your circumstances. Contact us today to learn more.