When you and your partner finally make the decision to divorce, one of your objectives is probably to complete the process as quickly and inexpensively as possible. The last thing you will want to do after an emotionally taxing divorce is to spend additional time in the courtroom. Ensuring that your divorce is handled correctly the first time is the best way to avoid post-divorce judgment litigation, but even when everything is done correctly the first time around, new information or new circumstances may arise that require a need for post-judgment modification. This can include making changes to child support, visitation rights, spousal maintenance (alimony), or property division, and may require additional litigation or trips to the courtroom. If for any reason you find yourself in a circumstance requiring that you revisit your divorce settlement, the experienced family law attorneys at The Law Office of Steven M. Cytryn, LLC can help.
Understanding the Modification Process
Modifying a divorce judgment or order is a privilege and not a right. That is, you may petition the court to make changes to any judgment or order, but the court does not have to accept your petition. Generally, to succeed on a petition to modify a prior judgment or order, you have to demonstrate that there has been a significant change of circumstances since the judgment or order was entered, so that the existing judgment or order is no longer fair or reasonable, or in the best interest of your children, if the issue relates to custody and parenting time.
In addition to modifying a judgment or order as a result of a change of circumstances, it is also possible to seek a modification if new information comes to light that was not available (or even concealed) at the time of the initial judgment or order. This generally includes hidden assets, accounts, income or other factors that were not disclosed by one of the parties, nor discovered by the other party, during the course of a divorce, which would have altered the outcome. The reason this is problematic is because when a couple gets divorced, each party has an entitlement to any “marital property,” that is, most real and personal property, income, and assets acquired during the course of the marriage. Even if an account is in only one party’s name, the other spouse will most likely have a fair claim in this type of account as part of the divorce settlement, or at least it will be considered in the division of property and assets.
Another common reason for revisiting judgments and orders is child relocation. Even if the parties can agree on most of the terms outside of court, a court order is typically required for one of the parents to move out of New Jersey with the children. Even a move within New Jersey can require the modification of a previous judgment or order regarding custody, depending on the circumstances of the in-state move. In addition, a move may change the need or priority of child support or spousal maintenance payments, depending on the nature of the move. It is important to consult with a Central New Jersey attorney before committing to a relocation for you or your child, so as not to run afoul of any prior agreements that may be contained within the court order from your divorce settlement.
Central New Jersey Divorce Modification Attorney
Regardless of whether you and your ex-spouse can agree on most terms to modify a prior judgment or order, whether you are interested in understanding your rights, or if your ex-spouse has already filed a modification motion, hiring a knowledgeable New Jersey family law attorney can help you every step of the way. An experienced attorney at The Law Office of Steven M. Cytryn can help ensure that your legal rights are protected, your positions and desires advanced, and that the best resolution is made regarding your unique family circumstances. If you are located in Central NJ, please call us for a consultation and take the first step in making lasting, positive changes to an existing judgment or order.
