QUESTION
How can you modify a divorce that has been finalized in a different state?
Asked on Oct 31st, 2013 on Divorce - New Jersey
More details to this question:
If you move to a different state than the one in which the divorce was finalized, is it possible to seek a modification of the order under the new state law after you have become a citizen of that state?
11 ANSWERS
Yes, you should be able to register your judgment in your new state and then bring a motion for modification. You should consult a family law attorney to determine how to proceed.
Answered on Nov 05th, 2013 at 8:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might be able to modify a child custody arrangement, but you cannot modify the divorce. As a matter of fact, it would be highly unusual to modify a divorce arrangement once it has been finalized and the appeal period has run.
Answered on Nov 05th, 2013 at 8:02 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida you file a Petition, along with a certified copy of the Final Judgment you wish to modify.
Answered on Nov 05th, 2013 at 8:02 AM
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Generally, property division is not modifiable after a divorce. Matters relating to the children are, however. Your out-of-state decree can be registered here and enforced. It can be modified here under certain circumstances, as well.
Answered on Nov 05th, 2013 at 8:01 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You simply have to register the the final Decree in the new state.
Answered on Nov 05th, 2013 at 8:00 AM
Your question does not have a simple answer. Jurisdiction to modify a decree from another state depends upon several factors not the least of which is whether your former spouse still resides in the state of the original decree. Further, in some types of cases, the appropriate jurisdiction may be where your former spouse resides, some types of cases it is where the children reside. Your question is highly fact specific and you really need to meet with an experienced family law attorney in your area to discuss all the different possibilities.
Answered on Nov 05th, 2013 at 8:00 AM
Bruce Provda
I think you would have to consult with an attorney from the state in which you got the divorce. Your new state's law probably wouldn't apply.
Answered on Nov 05th, 2013 at 7:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not. The other state order will generally control.
Answered on Nov 05th, 2013 at 7:58 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No. You must file any modification in the state that granted the decree.
Answered on Nov 05th, 2013 at 7:28 AM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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You need to know where the custodial parent is. That is where you should modify it.
Answered on Nov 05th, 2013 at 6:03 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If the judgement can be modified, you may need to return to the court issuing the judgment.
Answered on Nov 05th, 2013 at 5:58 AM