What is a Post-Divorce Modification?

In the months or years following a divorce, it is not uncommon for something to happen that requires a change in the terms of the divorce. For example, if a parent has to relocate because of a new job, there is a good chance he or she has valid grounds for requesting a divorce modification. If you wish to change the terms of your divorce, here are some of the questions you may have:

How do I know if I can get a post-divorce modification?

The main qualifier for a post-divorce modification is whether one or both former spouses are facing a significant “change in circumstance.” If this is the case for you or your former spouse, you may wonder what specific situations generally qualify for a post-divorce modification. They are as follows:

  • If you or your former spouse is promoted, demoted, or is unemployed, disabled, or has had his or her job terminated, he or she may wish to adjust the terms for spousal support
  • If you or your former spouse are now cohabitating with another person, you may also have reason to request a modification to spousal support
  • If you or your former spouse expose your child to abuse, neglect, domestic violence, substance abuse, or any other behavior that questions one’s parental fitness, there is a good chance there will be a modification to the child custody terms of your divorce
  • If your child has a change of schedule, due to a sport or other activity, you may need to adjust the parenting time and child custody terms of your divorce
  • If your child has reached college age, oftentimes the court must determine financial responsibility for college tuition and related expenses
  • Generally, when a child reaches adulthood, he or she will no longer require child support payments

What issues may my post-divorce modification address?

As a recap, post-divorce modifications may adjust your terms for child custody, child support, and spousal support. Unfortunately, post-divorce modifications aren’t always as simple as they should be. However, with the help of an experienced attorney, you help ensure you will gather all the necessary documents and evidence to prove your significant change of circumstance. Some of the documents you will need may come in the form of tax returns, police reports, school records, financial documents and more. If you believe you can civilly agree on updated terms with your former spouse, you may wish to take that route first. If you come to an agreement with your former partner regarding a change in the terms of your divorce, you will submit a consent order to the courts, which if approved will legally modify the terms of your divorce.

Contact our experienced New Jersey firm

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.