New Jersey Post-Divorce Disputes Lawyer
Our Legal Team Knows How To Resolve Conflicts After A Divorce
It might have taken months to settle your divorce, even if you and your former spouse agreed to all of the issues that existed between you. If you find that an agreement is not working as anticipated, you might be dreading reopening the divorce process.
Fortunately, a New Jersey post-divorce disputes lawyer at Williams Law Group, LLC can help. It is not unusual for one party to request a modification of a divorce decree if their circumstances change. A knowledgeable divorce attorney at our firm can help you resolve an issue and modify your divorce agreement often without needing to appear before a judge.
– Kristen P.
Conflicts That May Arise After Divorce in New Jersey
A final judgment of divorce generally covers all financial and parental obligations of both parties. However, things can change over the years, requiring a second look at the terms of the final judgment. Sometimes parties fail to anticipate or provide for an unforeseen event like illness or bankruptcy. Typically, post-divorce issues happen because of either a failure to comply or a change in circumstances. A lawyer in New Jersey can determine how to handle a post-divorce dispute, depending on the nature of the conflict and why it is occurring.
Failure To Comply With Divorce Decree
Many divorce decrees require specific actions from both divorcing parties. Unfortunately, there are times when an ex-spouse may refuse to comply with the agreements in the final divorce judgment. This is commonly seen in situations where one parent does not pay child support or an ex-spouse does not make alimony payments, leaving the other party with some financial stress.
A divorce decree has the full force and effect of a court order, and failure to comply is a serious matter. A lawyer in New Jersey could help one party petition the court for enforcement of the final judgment if they are experiencing a post-divorce dispute. A motion to enforce can protect an individual’s rights and provide equitable relief, such as reimbursements. If an ex-spouse fails to sign certain documents, for instance, a court order could allow a third party to execute those documents to complete the transaction. When there is non-compliance with child custody or support issues, a court may intervene to ensure the protection of the child’s best interests are protected.
Change of Circumstances After A Divorce
Conflicts also may arise after a divorce if unexpected situations develop. A divorce judgment can change if one party proves that there has been a “material change of circumstances.” For example, one party may lose their job and become unable to meet child support obligations, or an ex-spouse may become unable to care for their children. Since the effects and responsibilities of a divorce can last for decades, the courts can entertain a motion to alter the terms based on “changed circumstances.”
Modifying a Divorce Decree
Typically, any agreement that a judge incorporates into a divorce decree can be modified for good cause. Modification requests often pertain to child custody, child support and alimony. Courts encourage former spouses to develop a modification that meets their needs.
However, if spouses do not communicate productively, their attorneys may handle negotiations. If that process is also unsuccessful, a judge might encourage mediation or the use of an arbitrator to settle a dispute.
If a couple can come to a post-separation agreement, either alone or with the help of third parties, a lawyer in New Jersey will incorporate it into a document called a Consent Agreement. Once a Consent Agreement is signed by the parties and filed with the court, a judge may accept it and override the previous order in a divorce decree.
Changes That Justify a Modification
Personal preference or inconvenience is not an adequate basis for requesting a modification of a divorce decree. However, courts recognize that certain aspects of life can change, and adjustments are often necessary and beneficial to all parties.
Changes that justify changing a divorce agreement include the following situations:
- Parent loses a job and needs an adjustment to alimony or child support.
- Parent or child suffers severe health problems.
- Parent wishes to relocate with the child, requiring a change in the parenting plan.
- One or both parents believe the other parent should assume primary physical custody of a child.
- Parent remarries or assumes responsibility for other children.
- Parent begins earning more than they did when the marriage ended.
Other circumstances may justify a former spouse seeking a change to an arrangement they made with the other spouse to settle a divorce. A skilled New Jersey post-separation disagreement attorney at our law firm can review your case and recommend whether pursuing modification is warranted.
Resolving Post-Divorce Disputes in Court
A spouse’s wrongdoings often trigger a request for modification. For example, if a parent took parenting time with a child without the former partner’s knowledge or permission, a divorce decree may be modified. Similarly, if a spouse hid assets during a divorce, failed to pay child support, or uses it for their own benefit, a judge may justify the modification of an agreement.
In such cases, a legal representative might file a motion with the court to enforce the relevant agreement. The motion may seek penalties or sanctions against the offending spouse. For example, if a spouse fails to abide by a parenting plan, New Jersey Statutes Annotated 2A:34-23.3 allows a judge to impose fines, order the parent to take parenting classes, participate in community service, and pay the former partner’s attorney’s fees.
The party filing the motion must prove that the other spouse failed to comply with an agreement. Motions to enforce are not justified when the failure to adhere to an agreement is minimal or non-substantive. A post-divorce issues attorney in New Jersey can help former spouses come to an agreement in their separation agreements.
Modification of a Final Judgment of Divorce
When issues arise after an ex-couple’s divorce is final, one potential resolution is to modify the existing divorce agreement. As mentioned earlier, parties may request a modification to a court order if there is a “material change in circumstances.” A New Jersey attorney familiar with these kinds of conflicts after divorce can gather the evidence necessary to prove a “change in circumstances.” Alternatively, if someone believes a modification would not be to their benefit, a lawyer could advocate for maintaining the existing agreement.
Trust a New Jersey Attorney to Handle Your Post-Divorce Issues
If current circumstances require changes to your divorce agreement, you and your former spouse could modify the contract, so it works better for your lives now. If you cannot agree, or if your former spouse is intentionally defying the agreement, you might have to take them to court.
In either case, a New Jersey post-divorce disputes lawyer at Williams Law Group, LLC can offer knowledgeable legal guidance based on years of experience in these matters. Contact us and make an appointment today to speak with one of our skilled legal professionals.