When your divorce is finalized, it very often feels like a weight has been lifted off your shoulders. Fortunately, for the most part, this is true. However, as months or years go by, your life will indefinitely change. If this change will impact you or your spouse’s ability to abide by the terms of your divorce, you may request a post-judgment modification to better fit your current situation. If you are seeking a post-judgment modification, here are some of the questions you may have:
How do I know if I can modify the terms of my divorce?
Generally, for the court to grant a modification, you or your spouse must demonstrate evidence of a significant, unforeseen, and ongoing change in circumstances. Here are some examples of changed circumstances that will typically grant a post-judgment modification:
- Your child’s schedule has changed, due to sports, school, or any other activity
- Your child has reached adulthood, is not going to college, and no longer legally requires child support
- Your child is about to attend college and the court must determine financial responsibility for college tuition and associated expenses
- You or your former spouse have received a promotion, demotion, or have become disabled, unemployed, or have had your job terminated
- You or your former spouse are now cohabitating with another person
- You or your former spouse have exposed your child to abuse, neglect, severe mental illness, domestic violence, substance abuse, or any other form of questionable parental fitness
What issues or terms of my divorce can be modified?
Issues such as child support, spousal support, child custody, property distribution, and more may all be adjusted in the post-judgment modification process. However, this process is not always easy. First, you must prove your claim before the court grants you a post-divorce judgment. To prove your claim, you may have to submit school records, police reports, tax returns, financial documents, and more, depending on your individual case. Before hiring an attorney, you may wish to try and come to an agreement with your former spouse on your own. If you do so civilly, you may then submit a consent order to the courts, and upon approval, you will legally modify the terms of your divorce. However, you should note that this is not always the soundest way to go about a post-judgment modification. An experienced attorney will help ensure that all terms are adjusted according to your wishes, as well as gather documents and information to prove the necessity for a post-divorce judgment.
Contact our experienced New Jersey firm
Before taking any sort of legal action, it is important to discuss your legal matter with an experienced attorney. Contact The Radol Law Firm to discuss any divorce and family law matters you may be faced with.