Post-Divorce Attorneys Providing Legal Assistance in Morris County NJ
As each person moves forward with their individual lives, unplanned issues may arise in the application of the agreements
There are many reasons that a divorce agreement may need to be updated after its finalization. Even when a couple has had the support of an experienced team of divorce attorneys, outlined a solid plan identifying all of the areas of marital life affected by the separation, and remained amicable throughout the process, there are many cases in which changes must be made post-finalization and approval by the court. As each person moves forward with their individual lives, unplanned issues may arise in the application of the agreements, and shifting dynamics may change one or both partners’ legally-binding agreement to abide by the details of the divorce. Common reasons divorced couples seek amendment involve
- Alimony, where adjustments are sought because of an employment change or layoff
- Breaches of the child custody terms of the original agreement
- Moves out of the state of New Jersey that affect child custody and other aspects of the original agreement
- Requested changes to child support arrangements because of remarriage and new children
- Discovery of hidden assets that rendered one partner unequally compensated in the separation of marital assets
Whatever the reason, if a barrier to the upholding of a divorce agreement comes to pass, it is imperative that you seek the support of a divorce attorney to navigate the legal process of amending or enforcing the agreement.
The New Jersey Superior Court notes that changes to a divorce agreement are, in many cases, inevitable, and as such, they cast a fairly broad net for legal reasons for the change. As such, the first thing an attorney will do is determine whether an amendment to the original divorce agreement is legal. The NJ Superior Court places legal reasons for amending a divorce agreement post-judgment into two broad categories:
Post Divorce Enforcement
Requests for alterations regarding enforcement often regard one spouse’s breach of the terms of the agreement. If one spouse is not following the terms of the final judgment, they are breaking a legally-binding document. As such, you are entitled to seek the support of the court to demand that those terms be met. The New Jersey Superior Court often sees enforcement cases regarding a spouse’s failure to pay alimony or child support on time or at all; breaches of the terms of a parenting time schedule, a detailed agenda of shared custody time-share arrangements with children; or failure to seek permission from a spouse in order to sell a shared asset.
Results of approaching the New Jersey Superior Court for enforcement of the terms of a divorce agreement, which includes child custody arrangements, generally take the form of a compensation made for the breach. This may be either monetary or time, as in the case of breach of a parenting time schedule, in which case the court may order that make-up time is awarded to the plaintiff parent.
While not technically under the umbrella of enforcement, a similar reason for a request for modification stems from one spouse learning that, during the divorce proceedings, the other withheld information or hid assets that affected the outcome or fair division of assets in the divorce agreement. This type of post-judgment alteration will likely result in a reworking of the alimony payments received by the plaintiff. It is recommended that, in such a case, you seek the support of an experienced attorney who specializes in this area in order to ensure that you receive the full extent of what is fairly yours in the separation.
Post Divorce Modification
Modification occurs usually as the result of a more friendly change to the necessities of the couple following a divorce, and the New Jersey Superior Court is well versed in complying with these personal needs. Sometimes the need for change comes from the natural evolution of the separation that affects decisions regarding children, shared expenses, and other changes needed. Also, unforeseen events such as a layoff or career move may require that post-decision changes be made. Consulting a divorce attorney can support you in collaborating with your former spouse to reach an agreement that considers the updated needs of both parties and still holds in integrity the best interests of children and all involved in the mutual separation.
Contact Our Morristown Post-Divorce Attorneys Today
At The Law Offices of Jacobs Berger, our New Jersey divorce attorneys support our clients in Florham Park, Tewksbury, Randolph, Morristown, across Morris County to uphold and, if necessary, amend the terms of their divorce agreements.
To schedule a consultation with our a member of our team today regarding the terms of your divorce agreement, please call (973) 718-7705 today regarding your post-divorce or any other family law-related matter.