COVID 19 Update! We are now offering Free Consultations for all matters during Covid-19 Pandemic.

Must I Have The Same Attorney Who Handled My Divorce Handle The Modification?

You’re absolutely not locked into a particular attorney. You can change lawyers during the course of your case if you’re not satisfied with the work that’s being done. You can certainly pick another lawyer to handle any post judgment action. The most important thing is that you are comfortable with and confident with your attorney. It’s a partnership and you have to be able to confide in your lawyer and know that they’re taking whatever steps are necessary to protect you.

Where Must A Modification Of A Divorce Decree Be Filed?

Cases are opened by docket number. The docket number is in the county where the case was initiated. If you’re going to change anything, you have to go back to that county because that’s what your case is venued. Situations arise where the two parties move out of the county and it’s not convenient or reasonable to go back to that court. In those circumstances, you can file a motion to change venue and move the case to the county where either one or both of the parties live.

What Is The Process To Modify A Final Decree To A Divorce?

The way you would modify a divorce decree is the same way you would modify any judgment. You file a motion with the court and demonstrate why you think there should be a change in the final judgment. When the court hears all the evidence, they may or may not agree with you, but the process starts with filing an application. One exception to that would be if the parties get together and they agree to change something in their divorce agreement. Then you can then avoid the expense of filing a motion by having the parties reach an agreement and produce a consent order, which modifies the judgment. This order still has to be signed by the judge to be effective, but you will avoid the costs of a full motion.

Can A Request Or A Petition To Modify A Divorce Decree Be Challenged Or Opposed?

It is expected that there will usually be opposition to a motion to modify a divorce decree. The most common area for modification deals with children because children are the one area that we can always go back to court to make sure their best interests are being served. Some examples are when a parent moves or a child gets older and has greater needs. A child may develop special needs, which could include developing a skill set that requires extra training, which costs extra money. Each party has to give the okay to a major decision. If they don’t, you have to present it to the judge, who will decide what’s in the best interest of the child and rule accordingly.

How Does The State Law Define Property In A Divorce Case?

Property is everything you’ve accumulated during the course of the marriage. It includes pensions, savings accounts, and debts. Whatever is accumulated between the date of the marriage and the date the complaint is filed is marital property. Debt accumulated during the marriage is also treated as property and must be shared by the parties.

For more information on Handling A Post Divorce Modification In NJ, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.

CONTACT THE LAW OFFICES OF JEFFREY M. BLOOM
Text Us