Family Law Modifications and Appeals in Morris County NJ
Many different legal matters fall under the umbrella of “family law”. Child custody, visitation and parenting time, child support, alimony, the division of assets, divorce, domestic violence and many other issues are all heard and decided by the Superior Court (within the Family Part), and as such are considered family law matters.
However, just because an agreement or judgement has been reached regarding a family law issue does not necessarily mean that that agreement or judgement is final. In fact, family law decisions can often be modified after-the-fact, or even appealed.
In today’s article, we will be discussing the differences between a family law modification and a family law appeal, and highlighting some of the most common reasons and situations in which a family law decision is appealed, or a modification is sought after an agreement has already been reached.
Of course, if you are seeking or facing any kind of family law appeal or post-divorce modification, it is highly recommended that you retain experienced legal counsel to guide and advise you throughout the process. As complicated as reaching any kind of family law agreement can be, modifying or appealing a decision is often even more complex a process, making it that much more important that you fully understand your options and obligations, and ultimately secure a fair and accurate resolution to your family law appeal or modification.
Call our Morristown family law attorneys at (973) 710-4366 to discuss your situation in a strategic planning session with our experienced legal team today.
Divorce Agreement Modification Attorneys Madison NJ
Before any divorce can be resolved, agreements must be reached in the key areas of child custody and visitation, child support, alimony, and the division of assets. While there are a great many ways to reach said agreements such as negotiation, mediation, litigation, and more, it is important to understand the agreements you reach have the potential to be modified after they are reached.
However, any post-divorce modification will require proof that circumstances have changed since the original agreement was reached. For example, an alimony payor may seek an alimony modification after their divorce if they lose their job, or their income is reduced through things like retirement, an illness, new financial obligations, and more. Or, their former spouse may seek an increase to their alimony payments due to the fact that the payor secured a raise, promotion, or some other financial gain such as the sale of a business.
The same applies to other family law agreements such as child custody and child support – when circumstances change substantially for any concerned party, these “changed circumstances” may warrant a post-divorce modification. Speak with our Madison divorce agreement modification attorneys today for a better understanding of whether or not your family’s changed circumstances may lead to a modification of your divorce agreements, and your options and potential outcomes in such a situation.
Family Law Appeals Lawyers Morris County
While a family law modification is designed to change a fair and legally-reached agreement, a family law appeal differs in that an appeal seeks to prove the original decision was not lawfully reached to begin with.
An appeal can be filed on the grounds of inaccurately presented information (for example a spouse lied about their financial situation), or the result of an unlawful or improper legal process during the original proceedings. However, it is important to note that the family law appeals process does not allow for the introduction of evidence which was not considered during the original hearing. This is why most appeals are filed on the basis of misconduct or unlawful process during the original trial matter.
Family law appeals are first heard by the New Jersey Appellate Division. The Appellate Division may make a new ruling in your matter, remand the matter back to the trial court to be reheard, or even deny the appeal after a formal review. If your appeal is denied by the Appellate Division, you may still have the option of bringing your appeal to the highest court in New Jersey, the New Jersey Supreme Court.
To learn more about the family law appeals process and its requirements, please view our family law appeals page.
Contact Our Morristown Divorce Appeals and Modification Lawyers Today
At Jacobs Berger, we view the family law legal process as an opportunity to help our clients build a better future for themselves and their families. Our attorneys are proud to serve families across local Morris County towns including Madison, Randolph, Morristown, Denville, Florham Park, Dover, Rockaway, East Hanover, and all of Northern New Jersey.
Our firm is built on the foundation of offering highly personalized and dynamic legal solutions to fit the individual needs and concerns of our clients. We put the attorney-client relationship at the forefront of everything we do, and believe in being available and responsive to our clients.
If you are seeking or facing a family law appeal or post-divorce modification, or simply wish to explore your options in these matters, contact our firm today to discuss your unique situation in a strategic planning session with our attorney team by contacting us online, or calling our Morristown office at (973) 710-4366.