Your divorce is over. The Judgment of Divorce has been entered, your agreement or court orders are in place, and you've moved on with your life.
Then something changes.
Maybe your ex-spouse stops following your Marital Settlement Agreement. Maybe your income changes significantly. Maybe there's a problem involving child support, custody, parenting time, alimony, or retirement.
Can you go back to court after your divorce is already over?
Yes. In many situations, you can ask a Family Court judge for help by filing what is commonly called a post-judgment motion.
What Is a Post-Judgment Motion?
A motion is essentially a written request asking the court to take a particular action. After your divorce has been finalized, a post-judgment motion can be used to ask the court to modify or enforce certain existing orders.
The fact that your divorce is final doesn't necessarily mean every issue between you and your former spouse is permanently frozen. Life changes, and sometimes the court needs to become involved again.
Why Would You File a Motion After Your Divorce?
There are many reasons someone might need to return to court. You might ask a judge to increase, decrease, or terminate alimony or child support, modify custody or parenting time, or enforce an existing court order or provision of your divorce agreement.
Other post-divorce issues can involve retirement, cohabitation, college expenses, relocation, emancipation of a child, reimbursement of certain expenses, or other disputes involving obligations established in your divorce.
The important distinction is whether you're asking the court to change something or enforce something.
If circumstances have changed and you want an existing obligation modified, you generally need to explain the significant change that justifies your request. If your former spouse simply isn't doing something already required by an agreement or court order, you may instead be asking the court to enforce that obligation.
How Does a Post-Judgment Motion Work?
A post-judgment motion isn't simply a letter to the judge explaining that something isn't fair. You need to tell the court exactly what you're asking for and provide the facts and supporting information necessary for the judge to evaluate your request.
Depending on the issue, that could include prior court orders, your Marital Settlement Agreement, financial information, communications between you and your former spouse, or other relevant evidence.
Your former spouse then has an opportunity to respond and may also file a cross-motion asking the court for different relief.
Ultimately, the judge reviews the parties' submissions and decides what relief, if any, should be granted.
A Final Divorce Doesn't Always Mean a Final Court Appearance
People sometimes assume that once the Judgment of Divorce is entered, they can never ask the Family Court for help again.
That's simply not true.
If circumstances substantially change or your former spouse refuses to comply with an existing obligation, there may be a legal remedy available to you. The right approach depends on what your original agreement or court order says, what has happened since your divorce, and exactly what you're asking the judge to do.
If you're dealing with a problem after your New Jersey divorce, speak with an experienced family-law attorney about whether a post-judgment motion may be appropriate.
Until next time,
Steve