Modifying Or Enforcing Divorce Orders

While Matrimonial Settlement Agreements (MSAs) or Property Settlement Agreements (PSAs) are legally binding documents, certain life-changing circumstances may necessitate a modification to the original agreements. Or, in other cases, one party may not be meeting the terms of the original agreement, and you may need to enforce the order. With the assistance of an experienced family law attorney, clients may file to adjust or enforce the terms of their post-divorce decrees.

Regardless of whether our firm represented you during the divorce, our respected and experienced divorce attorney Edward Fradkin can assist you in making the adjustments to your agreement that you see fit. For strong advocacy and honest counsel as you seek to modify or enforce your divorce decree, contact the Law Office of Edward Fradkin, LLC, today at 732-702-0612.

Making The Needed Adjustments

At our Freehold firm, we understand that adjustments to, or enforcement of, divorce decrees and settlement agreements may be necessary after a divorce is finalized. We assist clients throughout the state of New Jersey in post-judgment issues and post-decree modifications. Even if a different firm represented you in your divorce, we can still advocate on your behalf in a modification or enforcement case.

Our firm’s founder and lead attorney Edward Fradkin has over 20 years of experience representing clients seeking to make updated arrangements to their divorce decrees. Mr. Fradkin can work closely alongside you to customize a strategy that meets your individual goals. Further, Mr. Fradkin can protect your rights and guard your interests throughout the entire modification or enforcement process.

Frequently Asked Questions

Do you have questions about your legal options or how to address potential modifications? To help you get the process started, here are a few common questions and answers to keep in mind:

What steps are involved in modifying a divorce order?

If you would like to modify a divorce order, the first step is to submit a petition for modification to inform the court of your intention. They can set up a hearing where you will need to demonstrate evidence that a modification is necessary. For instance, if you are trying to modify a child custody order or a child support order, you may need to show that there has been a substantial change of circumstances and that it would serve the child’s best interest to alter the initial order.

How long does it typically take to modify or enforce a divorce order in New Jersey?

It is technically possible for the court to issue an order the same day, but it does not always happen. New Jersey Courts specifically note that it “may take weeks or longer” before the written order from the judge is passed down. It often depends on the complexity of the case.

How does remarriage affect divorce order modifications?

Remarriage can sometimes be used as a reason for modification. For instance, someone who is receiving spousal support may no longer need it after getting married because their new partner may contribute to their financial needs. Someone who is paying child support may ask for the support totals to be reduced if they have the same income, but have remarried and started another family, meaning that they also have to support children from their new relationship.

How do I enforce my divorce decree if my ex-spouse is not complying?

You can go to the court and ask them to enforce the order for noncompliance, and they will follow the legal steps required to do so.

For instance, nonpayment of child support orders can sometimes lead to wage garnishment. Noncompliance with a child custody order could lead to the modification of the child custody arrangement, perhaps taking custody rights away from the noncompliant spouse. Do not attempt to enforce the decree yourself, as doing so may worsen the matter.

For instance, denying custody exchanges over nonpayment of child support is prohibited. Seek an official modification instead.

Comprehensive Counsel And Guidance

At our Freehold firm, we offer a comprehensive legal service that helps clients throughout the state of New Jersey, including Ocean and Monmouth counties find the right solutions to their legal disputes. Our attorney is committed to working closely alongside each client, offering guidance and counsel and protecting your rights throughout your case.

For honest, straightforward advocacy during this difficult time in your life, contact our firm online at 732-702-0612.