Can a Divorce Agreement Be Modified After Finalization?

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While a divorce agreement is typically final and legally binding once approved by the court, certain circumstances may allow for modifications or amendments after it has been finalized. These circumstances often involve a significant change in circumstances that were unforeseen at the time the original agreement was made. Please continue reading as we explore when a divorce agreement can be modified after finalization in New Jersey and how an experienced Ocean County Divorce Attorney can help you navigate your options. 

What is a Divorce Agreement?

First and foremost, it’s important to understand that a divorce agreement, also known as a marital settlement agreement, is a legally binding contract that outlines the terms that will apply to the termination of your marriage. Essentially, it serves as a guide for the division of property and liabilities. It can cover alimony, child custody, support, and visitation. The agreement must be signed by both parties, and if approved, will become a part of your final divorce decree. The divorce decree legally mandates that you are divorced in the eyes of the law, ensuring the agreement’s terms are enforceable.

It’s highly recommended to reach a mutually agreeable settlement through negotiation outside of the courtroom, as this allows for greater control over the terms of the divorce. However, if this is not feasible, the court will intervene and issue a final decree on all unresolved matters.

When Can a Divorce Agreement Be Modified After Finalization?

It’s a common misconception that a New Jersey divorce agreement is set in stone. In reality, modifications can be made under specific circumstances. The key to successfully modifying a divorce agreement lies in your ability to demonstrate a significant change in circumstances since the original agreement was finalized. The court recognizes that life is unpredictable and that circumstances can drastically shift over time. Therefore, what may have been an equitable arrangement at the time of the divorce may no longer be suitable due to these changed circumstances.

These changes can encompass a wide range of situations, including job loss, medical conditions, relocation, remarriage, or the birth of a new child. To warrant a modification, the change must be substantial, not merely a minor inconvenience. Additionally, it must be a change that was not foreseeable at the time the existing divorce agreement was finalized.

What is the Legal Process?

If you are looking to modify your divorce agreement, you will need to file a motion with the court that issued your original order. You will need to file the motion with your reasoning for requesting the modification and evidence to support your claim. The court will then schedule a hearing to review the evidence and determine whether the modification is warranted. If the court approves, the terms of the divorce agreement will be adjusted accordingly. You should note that you are required to inform your ex-spouse about your intentions to modify the order at least 24 days before the hearing is scheduled to be heard.

For more information, please don’t hesitate to contact a knowledgeable attorney from The Law Office of Sarina Gianna, LLC. Our legal team is prepared to help you navigate this legal process and fight for the best possible outcome.