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How to Challenge an Unfair Divorce Ruling

The Micklin Law Group- How to Challenge an Unfair Divorce Ruling

You’re a man in New Jersey who has just gone through a divorce. Maybe you proposed a settlement you thought was fair, but your spouse didn’t agree – and neither did the judge. Now that you’ve received the judge’s decision, you are unhappy with the outcome. Many men believe that there is nothing they can do at this point to change things like alimony, division of assets, and child custody. Luckily, our legal system allows anyone who feels they have received the wrong judgment to re-petition the court. In this post, we’ll talk about what you can do as a man in New Jersey who is unhappy with your divorce decree, whether a judge has just issued it or it has been in place for years.

Why to Change A Divorce Decree

First we need to discuss some of the factors that may give you a valid reason for filing a motion to have your case reevaluated. If something has substantially changed with your lifestyle or income, you may stand a chance at having a judge modify your alimony, child support, and child custody terms. Alimony can be re-calculated when the paying spouse has had a substantial loss in income due to a layoff, illness, or some other factor that is out of their control. This means that you cannot choose to leave a job and then request that your alimony be reduced. These factors may also affect child support, although it is more difficult to have that payment amount changed.

Another reason why some men choose to file a post-decree modification to their divorce or custody case is because the judge had an unfair bias toward the other party. This is relatively uncommon, and it can be difficult to prove. However, if you can show that the judge and your ex have some sort of connection that could have caused bias, you may have a compelling case.

Changing Child Custody After A Divorce

New Jersey marital settlement agreements will often include an informal agreement about child custody. Unfortunately, when the parties can’t agree on a separation and divorce settlement agreement, the matter will have to be decided by the family courts. 

For fathers in New Jersey who have recently gone through a divorce, an unfair custody order can be heart wrenching and life-changing. It can very negatively affect your relationship with your child, especially if you must drastically reduce the amount of time you spend with them due to the court order. Some judges in New Jersey still believe the outdated stereotype that women are better caregivers and that children should stay with their mothers. This can lead to an unfair custody decision that may be able to be adjusted.

Some men have co-parents who have narcissistic tendencies or have a personality disorder. These exes are not opposed to lying about their ex to hurt him and to receive a more favorable custody outcome. If you were unable to prove that your ex was being untruthful at the time but have now found evidence that you would like reviewed by a judge, a post-decree modification may be your best option. Again, an experienced New Jersey men’s rights attorney must work with you to determine whether it’s worth it for you to go back to court. We don’t want you to waste your time and money if we know there is not enough evidence to have your order changed. If this situation applies to you, speak with a New Jersey divorce attorney for men about the possibility of heading back to court. 

How to Get Back In Front of A Judge

So, you’ve spoken to a men’s law divorce attorney in New Jersey and he feels you have a compelling argument to have your divorce decree changed in some way. What is the next step? Your attorney will help you draft what is called a post-decree modification, which is a motion that you submit to the court explaining what you think should be changed about the decree and why you believe that to be the case. With a compelling argument, a judge should see you at a hearing and listen to your side of things.

If you are a man who was jilted by your ex-wife and feels that the courts did not handle your divorce fairly, contact The Micklin Law Group. Our attorneys focus on representing men and fathers in New Jersey and protecting their rights in the family courts. Our entire team is well-versed in divorce settlements for New Jersey men. We are here to help you overcome the challenges you may face as you attempt to have the terms of your divorce legally modified. We have decades of experience with all types of family law and are familiar with how the NJ court systems normally determine things like alimony, child support, child custody, and more. Contact us online or call our office at 973-562-0100 to learn more.

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