Post-Judgment Modifications

Morristown Divorce Modification Lawyer

Divorce judgments and marital settlement agreements may be subject in the future to revisions and modifications based upon the existence of a substantial change of circumstances that make enforcement of the terms of the judgment or the settlement agreement unfair and inequitable.

The judgment of a court or the terms of a marital settlement agreement concerning issues such as spousal support and child support are usually based upon the facts and circumstances that exist at the time the judgment was entered or the agreement was arrived at. However, thereafter, there may be a substantial change in those circumstances that make enforcement of the judgment or the settlement agreement unfair and inequitable to one or the other of the parties.

In such a situation, the parties may be able to agree to a modification of the terms of the judgment or of the settlement agreement. If they cannot agree, one or the other of the parties can apply to the court for a modification of the terms that are no longer fair or equitable.

A change of circumstances may also arise with regard to custody or visitation regarding children of a divorced couple. Again, if there has been a substantial change of circumstances that adversely affects the best interests of the child or children, an application can be made to the court for a change in the custodial arrangement or visitation in the judgment or agreement.

Even in those cases where an agreement provides that the parties waive their right to seek a modification in the alimony provisions of the agreement, there may be relevant facts and circumstances that make such a provision or clause unenforceable.

If you have experienced a substantial change of circumstances that you believe makes provisions in your divorce judgment or marital settlement agreement unfair and inequitable, contact the lawyers in the firm of Fiorello, Puccio & Fiorello, L.L.C. We have over 40 years of experience in handling post-judgment and property settlement matters where there have been changes of circumstances. We have represented clients seeking a modification as well as clients opposing such applications. We have the knowledge and experience to assist you in these matters.