How Do I Modify a Divorce Agreement in New Jersey?

For many, the finalization of your divorce decree can be an incredibly relieving time, as it signifies the end of a difficult chapter in your life. However, as the years progress, you may find that the terms and conditions decided in this agreement may no longer reflect the best interest of you or your child due to changes that have occurred. If this is the case, the following blog explores how you may be able to petition the court to modify your divorce decree. You’ll also learn how New Jersey post-judgement modification and enforcement attorneys can guide you through these difficult times.

On What Grounds Can I Change a Divorce Agreement?

First and foremost, it’s critical to understand that, in New Jersey, you cannot seek to change your divorce decree simply because you do not like it or disagree with the terms established by the court. If this is the case, you’ll unfortunately need to abide by the terms set forth by the court, as this is a legally binding document. As such, the only way you can successfully petition the court for a change is if you show the court that a substantial change has occurred that warrants the alteration of this document.

Typically, substantial changes that can warrant the alteration of a divorce decree include, but are not limited to, the following:

• Job loss or permenent disability/illness: If one spouse is laid off and unable to find employment after making a good faith effort, or they are unable to work or work in a reduced capacity due to the onset of an illness or disability, they may seek a modification to how much support they pay for both alimony and child support.
• Changes in the child’s needs: When you and your spouse first filed for divorce, your child may have been younger. As they grow, their needs can evolve, and the current custody arrangement may no longer reflect their best interest.
• Concerns for the child’s well-being: In a similar vein, if you have concerns regarding the child’s health and well-being when in the custody of their other parent, you may have grounds to petition the court to change the divorce agreement.

What Are the Steps in This Process?

If you and your ex are on good terms, you may be able to negotiate the terms of the modification with them. If this occurs, you can jointly petition the court, and since you are both in agreement, the court will likely grant the alteration.

However, this is unfortunately not as common as you may wish to believe. As such, you’ll need to file a petition with the court that outlines the proposed changes to your divorce decree, as well as the reason you are seeking the modification. You should gather as much documentation to support your claim as possible when submitting the necessary forms. Once filed, you’ll need to serve your spouse, which will likely result in a court hearing. At this hearing, the court will hear evidence from both parties to determine whether or not a change is necessary.

If you are ready to petition the court to alter your divorce decree, it’s critical to connect with an experienced attorney with Haber Silver Russoniello & Dunn. Our team understands how overwhelming these circumstances can be to navigate, which is why our team will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.