Divorce can be a damaging and traumatic experience. Having to go through a divorce in any family law court can be expensive, time consuming and emotionally draining, to say the least. Division of assets, alimony, child custody and child support are among the many topics that can be difficult to work through and reach mutually agreeable terms.
As with most unpleasant experiences many people try to either avoid dealing with it directly or try to get it over with as soon as possible. For this reason it is not uncommon for some to enter into an ill-advised settlement agreement on their own in order to obtain a quick divorce and move on with their lives as quickly as possible. Other people ignore the situation altogether and do nothing when their spouse files a divorce complaint, which can lead to the entry of a default judgment of divorce by the court that will almost definiteively not encompass a settlement agreement that reflects their best interest.
If this is the case in your divorce there may be a light at the end of the tunnel. Post divorce modifications, are involved and can be complicated to navigate, but they remain a course of action to make changes to your divorce decree.
At Townsend, Tomaio & Newmark, L.L.C., with offices in Hackensack Bergen County our attorneys have the knowledge required to effectively address any and all changes to divorce related issues you may encounter in New Jersey. If your case involves high net worth or high profile divorce, division of business assets, or complex property distribution, our family law professionals will firmly support you to achieve the best outcome. We will work to attain a resourceful, cost-effective agreement; one that can make all the difference for you in your life following divorce proceedings. Contact us for a Free Case Evaluation: 201-397-1750/201-397-1750
Reasons Courts May Set Aside a Divorce Judgement Fort Lee NJ
There are many reasons a divorce judgment may be modified, however, the most common legal reasons to ask a judge to set aside (cancel) a judgement or court order are as follows:
- Mistake, inadvertence, surprise, or excusable neglect.
- Newly discovered evidence which would probably alter the judgement or order and which by due diligence could not have been discovered in time to move for a new trial under.
- The judgement against you was obtained by actual fraud, perjury, duress, mental incapacity, mistake, or a party failed to comply with disclosure requirements when the judgement was entered.
- The judgement or order is void.
- The judgement or order has been satisfied, released or discharged, or a prior judgement or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgement or order should have prospective application.
- Any other reason justifying relief from the operation of the judgement or order.
How to Set Aside a Judgement of Divorce in Hackensack NJ
Rule 4:50-1 is intended to “reconcile the strong interests in finality of judgments and judicial efficiency with the equitable notion that courts should have authority to avoid an unjust result in any given case.” Put simply this rule allows courts to revisit decisions that were wrong or unfair as new information becomes available.
It is critical to note that the party has one year from the date that a judgement is entered to change or cancel that judgement, provided that this motion to set aside a judgement is based on the legal reasons stated above.
In the instance of a court considering a motion to amend a default judgement, such a motion must be “viewed with great liberality, and every reasonable ground for indulgence is tolerated to the end that a just result is reached.” This is usually used in cases of default judgments made in family court because default judgments, as stated by the Appellate Division are “not favored in divorce suits.”
It is important to note that it’s more difficult to vacate or amend a divorce judgement after a signed settlement agreement has been put into action. Marital agreements are assumed to be binding and the state has a public policy to implement agreements entered into between separating partners. A spousal arrangement may be amended when it is “unconscionable,” or when “it is the product of fraud or overreaching by a party with power to take advantage of a confidential relationship,”, or when, due to “common mistake or mistake of one party accompanied by concealment of the other, the agreement fails to express the real intent of the parties”.
If you feel that any of the above factors were present in your divorce judgment then it is recommended that you contact an experienced divorce attorney as soon as possible.
Contact a Paramus NJ Divorce Modification Lawyer
If you discover yourself in the procedure of terminating a marriage, before hurrying into a final decision or merely overlooking another spouse’s attempt to divorce you, it would be sensible to consult legal guidance. Townsend, Tomaio & Newmark, L.L.C. is the partner you need to help make it right. Whether you are in this process or considering the motion of an amendment following a judgement, it is essential to contact a divorce attorney who can decisively promote your interests.
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 us online, or through our Hackensack, NJ office at (201) 397-1750.