Divorce Options, Divorce Solutions

Why would you have to modify a divorce order?

On Behalf of | Sep 9, 2021 | Divorce

New Jersey residents who have gone through divorce may find it necessary to have modifications made to their divorce orders. There are certain reasons why the court may approve a divorce order to be modified.

What to know about filing a motion to modify your divorce order

Once you have decided that you need your divorce order modified, you must file a motion with the court that issued the order. It should be done in writing. If a judge determines that the request is valid, the court can make your former spouse comply with the terms.

There are documents you will have to complete and return to the court. You will have to do the following steps to file a motion:

• Carefully fill out all the forms.
• Select a motion date with the court that granted your divorce. Choose a date that’s at least one month from the current day.
• Keep one copy of the documents in a safe place such as a file cabinet.
• Redact personal identifiers from copies you plan to submit to the court.
• Include the filing fee of $50.
• Upload the documents into the electronic system JEDS. Use your credit card to pay the fee or upload a fee waiver request form if you plan to pay later. You can also submit the documents via regular mail to the court.
• Send copies of the documents to your former spouse within 24 days of the chosen motion date.

What are the most common reasons to request modifications to your divorce order?

Certain reasons are common for asking the court to modify your divorce order. They include the following:

• Changes to child support payments
• Changing child custody for minor children
• Changing visitation and parenting time
• Changes to spousal support payments
• Emancipating a child and ending child support
• Relocating a child to another state
• Enforcing the filer’s rights and requiring a non-complying party to comply with the order

Be very thorough when filling out forms to request a modification to your divorce order. It’s best to make copies of all the documents for your records as well.