Only on a very rare occasion would one be able to modify their property division after their divorce is finalized. With this, you must prepare a strong enough case the first time around. Continue reading to learn why you cannot change your property division terms after your divorce and how one of the experienced Hudson County property distribution attorneys at Greenberg & Walden, LLC can help you plan.
Why can’t I change property division terms after my divorce?
The main reason why you cannot change your property division terms after your divorce is because the family court followed New Jersey’s equitable distribution law to do so. Meaning, they followed a method that distributed your separate property accordingly, along with distributing your marital property in a way that is fair and just. And so, if the court were to go back on its decision, this essentially means that it is going against the state’s equitable distribution law.
Understandably so, you may not be happy with the results of the equitable distribution method. But unfortunately, your personal preferences do not have any rule over equitable distribution. So, to avoid this altogether, you and your spouse may find it in your best interest to negotiate your property division outside of the court. More specifically, you can reach an agreement via an alternative divorce method, whether it be a collaborative divorce or mediation. And since you and your spouse reach this agreement together, the court will easily approve these terms.
What terms am I allowed to change after my divorce?
Even though you may not be able to modify your property division terms after your divorce, you may still be able to modify your alimony, child custody, and child support terms.
For example, if you are the paying spouse, you may want to modify your alimony terms if your former spouse has since remarried or overall has become financially independent.
In addition, if you are the paying spouse, you may want to modify your child support terms if your child has since reached the age of emancipation, has finished with their education, or overall has become financially independent.
And as far as child custody goes, you may want a change if you come to realize that your former spouse has turned into an unfit parent, either by showing signs of substance abuse, domestic violence, neglect or abandonment, or otherwise.
With that being said, you must formally request a change in these divorce terms by filing a post-judgment modification with the court. For assistance with doing so, do not hesitate in reaching out to one of the skilled Hudson County family law attorneys today.