For many couples, filing for divorce is one of the most challenging times in their lives. From calculating child support to determining each parent’s custodial rights, undergoing divorce proceedings can come with a myriad of emotional and financial stressors. Sadly, many individuals face continued hardships even after their divorce is finalized. If your ex-partner fails to comply with the terms of your divorce, it may be necessary to return to court and file a post-judgment motion to ensure compliance.
In this blog, we’ll review what to do if your ex-partner violates the terms of your divorce agreement in New Jersey.
Understanding Post-Judgment Enforcement in New Jersey
In a perfect world, a final divorce decree would be sufficient to maintain civil and lawful relations between divorced couples. Unfortunately, some individuals refuse to respect the terms of this agreement, whether it’s out of spite or financial hardship. If your ex-spouse violates any provision set forth in your divorce decree, filing a post-judgment motion can allow the court to enforce compliance.
Post-judgment motions may be filed for various reasons, such as:
- Your ex fails to pay child support or alimony.
- Your ex denies the visitation rights afforded to you in the divorce decree.
- Your ex violates the terms of their custodial rights in the divorce agreement.
- Your ex refuses to transfer marital property granted to you in the final agreement.
- Your ex fails to comply with any other provision outlined in the final divorce terms.
It’s important to understand that filing a post-judgment motion doesn’t guarantee that the court will automatically agree with you. In post-judgment litigation, the judge will make an informed decision after reviewing arguments from both parties. For this reason, it’s imperative to know and exercise your rights effectively to secure a favorable outcome. Partnering with a trusted post-judgment enforcement lawyer can make a significant difference in your case, as they can help you gather evidence and present a compelling argument on your behalf.
7 Steps to Enforce the Terms of a New Jersey Divorce
If your ex-partner fails to comply with the terms of your divorce, taking swift legal action is essential to protect your rights. Here are 7 steps to take if your ex violates the final divorce terms:
- Review the terms of your agreement: First, review the terms of your agreement to understand the specific terms and conditions that your ex-partner isn’t honoring.
- Document instances of non-compliance: Next, gather records of your ex-partner’s non-compliance with the divorce terms, such as missed payments, ignored custody arrangements, and other violations. Maintaining clear documentation can be invaluable evidence if you must proceed with filing a post-judgment motion in family court.
- Attempt communication: Communicating with your ex-partner prior to filing a motion not only opens the door to a potential resolution without added legal fees, but will also demonstrate to the court that you made a reasonable effort to address the issue without legal intervention.
- Consult a post-judgment litigation attorney: If your partner continues to disrespect the terms of your agreement, it’s time to secure representation from a qualified divorce lawyer with experience in handling post-judgment motions. Your attorney can evaluate your circumstances with a practiced legal eye and provide legal guidance to help you assert your rights.
- File a motion to enforce: With your lawyer’s assistance, file a motion with the court to enforce the terms of your divorce agreement. This motion should detail the specific ways your ex-partner has violated the agreement and request that the court intervene on your behalf to enforce compliance.
- Attend the hearing: After filing a motion, the court will schedule a hearing where both parties will present their arguments. Your attorney can help you prepare by presenting compelling evidence and demonstrating how your ex-partner’s failure to comply has affected you.
- Seek reimbursement for losses: In some cases, you may be entitled to reimbursement for any financial losses and legal fees incurred due to your ex-partner’s violations. Your lawyer can help you calculate these amounts and present them to the court.
Contact Our Dedicated Family Lawyers in Bergen County
At Sherwood, Johnson & Poles, we understand the unique complexities of family law disputes. Whether you’re filing for a divorce or seeking to enforce the terms of a prenuptial agreement, our family lawyers are well-versed in the legal intricacies of New Jersey law to guide your steps with wisdom and integrity. For over 25 years, our firm has been committed to protecting the rights of couples and families in Bergen County by providing skilled representation tailored to their specific needs. When you partner with our compassionate advocates, you can trust us to put your family first from start to finish, empowering you to turn the page to a brighter, happier future.
Family law disputes can be emotionally and financially burdensome, but you don’t have to fight alone. Call (888) 224-1218 to schedule a free consultation.