When Can You Modify Divorce Orders in NJ?

By Lois G. Schwartz | July 27, 2023

When Can You Modify Divorce Orders in NJ?

Divorce proceedings are rarely static, as circumstances can change for both parties involved. In New Jersey, divorce orders are legally binding, outlining important aspects such as child custody, child support, alimony, and property division. However, life’s complexities often necessitate modifications to these orders to address new developments or ensure fairness. This article delves into the grounds for seeking modifications to divorce orders and the necessary steps to take in New Jersey.

Understanding Final Orders:

In New Jersey, the court issues a final judgment or decree when a divorce is complete. This document outlines the rights and responsibilities of each party, as well as the specifics of child custody, visitation schedules, support payments, and the division of assets. While these orders are intended to be lasting, the court recognizes that situations can change over time, making modifications necessary.

Grounds for Divorce Order Modifications:

1. Change in Financial Circumstances:

One of the most common reasons for seeking modification of divorce orders is a significant change in financial circumstances. This may include losing a job, receiving a substantial pay cut, or experiencing a significant increase in income. Additionally, if either party experiences unexpected financial windfalls, it could also warrant a modification.

2. Child Custody and Visitation Modifications:

Child custody and visitation arrangements can be modified if either parent experiences a substantial change in their life circumstances. For example, if one parent needs to move to a different city or state due to work, a modification may be required to adjust the custody and visitation schedule accordingly.

3. Changes in a Child’s Needs:

As children grow, their needs evolve. If a child develops special medical, educational, or emotional requirements that were not initially considered in the divorce order, a modification may be sought to address these new circumstances appropriately.

4. Relocation of a Parent:

If a custodial parent wishes to relocate with the child, New Jersey requires adherence to specific rules and procedures. The relocating parent must seek court approval before moving, and the non-custodial parent can object to the relocation. The court will consider various factors, such as the reason for the move and the impact on the child’s best interests.

5. Remarriage or Cohabitation:

Alimony orders may be modified if the receiving spouse remarries or enters into a cohabiting relationship. This change can significantly affect financial needs and might justify a reduction or termination of alimony payments.

6. Retirement:

Upon reaching retirement age, the paying spouse may seek a modification of alimony payments if they can demonstrate that retirement has significantly impacted their ability to maintain the existing payment structure.

Steps to Take When Seeking Modification of Orders:

1. Consult with an Attorney: Before pursuing any modification, it is crucial to consult with an experienced family law attorney. They can review your case, advise on the feasibility of seeking a modification, and guide you through the legal process.

2. Gather Relevant Documentation: To support your request for modification, collect all relevant documentation, including financial records, medical reports, or evidence of a significant change in circumstances. Proper documentation is essential to substantiate your case.

3. File a Motion with the Court: To initiate the modification process, you must file a motion with the court that issued the original divorce orders. This legal document outlines your reasons for seeking a modification and presents the supporting evidence.

4. Serve the Other Party: The motion must be properly served to the other party, allowing them the opportunity to respond to your request for modification. They may agree to the modification or contest it, leading to further court proceedings.

5. Attend Court Hearings: Depending on the complexity of the case and the response from the other party, court hearings may be scheduled. It is vital to be prepared and present your case convincingly during these hearings.

6. Await the Court’s Decision: After considering all evidence and arguments, the court will make a decision on whether to grant the modification or maintain the existing orders.

Key Takeaway:

In New Jersey, divorce orders are legally binding, but they are not set in stone. Life circumstances change, and modifications may be necessary to ensure fairness and the best interests of those involved, especially when children are part of the equation. By understanding the grounds for seeking modifications and following the proper legal procedures, individuals can navigate the complexities of modifying divorce orders in New Jersey successfully. If you find yourself in need of a modification, consult a reputable law firm to protect your rights and ensure a smooth process.

Contact Lois Garber Schwartz, Esq. Today for a Confidential Consultation About Your Divorce Order Modification

When facing the complexities of divorce and seeking modifications to existing orders, you need an experienced and compassionate attorney by your side. Look no further than Lois Garber Schwartz, Esq., a seasoned family law expert with a proven track record of success in New Jersey.

Lois understands that each case is unique, and she is dedicated to providing personalized solutions tailored to your specific needs. With her in-depth knowledge of New Jersey family law, she can skillfully guide you through the process of seeking modifications, ensuring your rights and interests are protected.

As a trusted advocate, Lois Garber Schwartz, Esq., strives to achieve the best possible outcome for her clients while maintaining the highest level of professionalism and integrity. With her by your side, you can rest assured that your case is in capable hands.

Don’t navigate the complexities of divorce and modification alone. Contact us today and take the first step towards a brighter future for you and your loved ones.

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    Lois Garber Schwartz

    1040 Kings Highway N., Suite 202

    Cherry Hill, NJ 08034


    Phone: 856-375-8989

    Fax: 856-482-0343