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Finalizing a procedurally complex divorce may not signal the end of having to deal with the various issues resolved in your final agreement. There are several circumstances under which the terms of an existing divorce decree may need to be reevaluated or nullified. This could range from a dramatic change in personal circumstances to deliberate non-compliance by one or both parties involved.
New Jersey law governs disputes in different ways, and without one of our seasoned divorce attorney’s guidance, you may have substantial trouble navigating those rules and protecting your best interests. Whatever the source of your disagreement is, having representation from our knowledgeable Maplewood post-divorce disputes lawyers can be crucial.
Usually, no part of an agreement is permanent to the extent that a court could not later issue an order changing or nullifying a problematic section. However, some types of post-divorce disputes are more common in New Jersey than others, as any experienced Maplewood attorney could affirm.
The most common impetus for post-divorce disagreements is child custody or visitation rights. These are followed closely by child support and spousal support obligations. If one party in a separation failed to disclose all their assets or committed some other form of fraud during their divorce, asset division could come into question as well.
The ways life changes for divorced individuals can vary significantly, and the changes may not manifest for months or years after a final agreement is established. It is important to understand that once a New Jersey court approves a decree, the terms of that decree remain legally enforceable until a court formally modifies them. This is regardless of how the circumstances of either former spouse shift over time.
Courts generally do not agree to change an existing divorce agreement unless there has been a “material change in circumstances.” This is a change that makes the existing terms completely untenable for one or both parties. For example, a person changing jobs might not warrant a modification to a child support agreement within a decree. However, a change might be warranted if that same person sustains an injury that leaves them permanently unable to hold gainful employment.
Finally, there are many scenarios in which one party to a divorce may not want their original agreement to be changed while the other party does. This can greatly complicate the process of seeking approval for such a change from a family court judge. Depending on the circumstances, a post-divorce disagreements attorney in Maplewood could help advocate for or argue against a modification.
Just like with divorces themselves, there is no standardized way to effectively resolve an issue after a marriage ends. That being the case, hiring seasoned legal representation is almost always key to addressing your issue with your divorce agreement in a way that protects your interests and rights, even if you are not the one who raised that issue in the first place.
No matter what problems you and your former spouse have run into with your decree, our Maplewood post-divorce disputes lawyers could help you fix them. Call our office today to learn more.