Post-Divorce Modification Attorneys in Bergen County, NJ
Assisting New Jersey Clients With Post-divorce Issues
After navigating through the complex process of divorce and reaching a resolution, it may feel as though you have closed a chapter of your life to embark upon the next phase of your journey. With the emotionally and perhaps financially taxing divorce process over, you may believe that this issue is permanently closed. However, we know all too well that life changes, at times, significantly. When circumstances shift in your life, your former spouse’s, or your child’s, the previous configuration outlined in your final divorce decree may no longer serve the needs of everyone involved.
Perhaps a shift in employment, income, residence, or romantic relationship has altered things, thus a change in alimony, child custody, or child support may be necessary. If this occurs, you may require a post-divorce modification tailored to suit the current circumstances of your family. The primary objective in these instances is two-fold: first, you must understand the grounds that warrant a post-divorce modification and second, you must construct a compelling illustration of these changes to be presented to the court. An experienced divorce and family law attorney can be integral to this process, ensuring that you are best positioned to achieve your desired outcome.
The talented legal professionals at Townsend, Tomaio & Newmark regularly assist clients with divorce and post-divorce issues such as child custody, child support, alimony, and division of assets. Led by three partners who are among the only 2 percent of Certified Matrimonial Law Attorneys recognized by the Supreme Court of New Jersey, we have the education and experience necessary to solve the most complex of problems. Our goal is to learn and understand your specific needs and priorities to devise innovative solutions that save you time, stress, and cost whenever possible. With personalized attention and service from every member of our staff, we provide support and compassion throughout the legal process and do everything we can to facilitate a successful transition for you and your family.
Call our office to discuss your family’s unique situation, and how it may affect a post-divorce modification in a free and confidential consultation with our legal team today.
In general, your divorce agreements of child custody, child support, and spousal support can all be modified given there has been a change in the circumstances of you, your former spouse, or your children. When it comes to these post-divorce modifications, our Bergen County attorneys have extensive experience representing clients in:
Whether you are seeking to modify divorce agreements or are facing a modification request, it is important that you understand your options, rights, and the best way to move forward. Fortunately, our team of attorneys can help you do exactly that.
Changed Circumstances and Post-Divorce Modifications
As previously mentioned, for a court to modify any divorce agreement after they have been settled, the party requesting the post-divorce modification must demonstrate a “change in circumstance”.
If circumstances related to your or your spouse’s finances, employment, schedule, or relationship status have changed, the terms of your divorce agreement may need to change as well. Although every situation is unique, New Jersey law requires that you provide sufficient evidence to indicate a significant change in circumstances to justify a post-divorce modification. Some of the most common changes that may warrant a post-divorce modification include:
- Employment status: promotions, demotions, job termination, unemployment, or disability lead to a significant change in income
- Cohabitation: you or your former spouse choose to cohabitate with another person, potentially providing grounds for a spousal support modification
- Relocation: you or your spouse make a significant change of residence
- Emancipation: your child reaches adulthood and no longer requires child support payments
- College: your child reaches college age and the court must determine financial responsibility for college tuition and associated expenses
- Change in child’s schedule: parenting time and child custody arrangements may require modification as the child’s age and activities change
- Change in household stability: domestic violence, substance abuse, mental illness, or another cause for questioning parental fitness may necessitate a modification to the existing child custody arrangement
To substantiate your claims, you must gather the necessary evidence and illustrate a substantial change in circumstances to the court. Your attorney can assist you through each phase of this process, first by analyzing your existing divorce agreement. Then, he or she should evaluate the circumstances at the time of the initial divorce decree and compare them to current circumstances. The evidence required to justify a change in circumstances will vary significantly with each case, perhaps involving financial documents, tax returns, police reports, school records, or any other applicable forms of evidence. Your attorney can assist you in determining the best strategy for your post-divorce modification and ensure that your petition is effectively executed.
How to Modify a Divorce Agreement
If you feel that your family’s changed circumstance warrants a post-divorce modification, there are two potential ways for you to secure this modification. The first way is by simply speaking with your former partner and coming to an agreement on the matter. This agreement can be submitted to the courts in the form of a “consent order”, and upon court review and approval, the terms of your post-divorce modification contained within the consent order will become legal and enforceable.
Alternatively, if you and your former spouse cannot agree to a post-divorce modification, it may instead be necessary to file a motion with the courts requesting a modification hearing. Before the courts modify the terms of your divorce agreement, you will need to demonstrate that there is a significant change in circumstance that warrants such modification.
Contact our Hackensack Post-Divorce Lawyers Today
Whether you are seeking to modify a divorce agreement such as child custody, child support, or spousal support, or are facing a modification request from your former spouse, our firm is prepared to provide you with the knowledgeable, effective, and attentive legal counsel that you need and deserve in matters so often critical to your legal, financial, and parental futures. To speak with our attorney team today in a free and confidential consultation regarding your divorce, or any kind of post-divorce modification, please contact our firm today.