Legal Question in Family Law in New Jersey
Final Judgement of Divorce (FJOD)
The court issued an order incorporating into the FJOD the settlement agreement orally set forth on the record and directed the parties to comply with its terms. On the same order, the court requested both parties to submitt an Amended Judgement of Divorce with the terms of the settlement agreement within 10 days thereof; upon failure to do so, the parties and their lawyers should appear before the court with the proposed Form of Amended Judgement of Divorce for entry by the court.
Question:
If the settlement agreement was put on the record and the court asked for an Amended one, Does it mean that the one on record could be modified by the parties, e.g., adding and/or deleting some terms, and enter by the court as a FJOD? Or would the court require strict compliance with the one on record?
3 Answers from Attorneys
Re: Final Judgement of Divorce (FJOD)
You are second-guessing your attorney. Clearly, you should ask your lawyer this question. And now, after the divorce is done and over, is not the time to decide that your lawyer does not give you reliable advice. There is a story here, which your question just hints at.
To answer you: the Judge ordered the lawyers to write up the agreement which you put on the record. You and your ex-spouse can change it and put it in writing if you wish, but I have seen that done only, only as to small details not big issues.
You could get a 'second opinion', to be comfortable that you understand what the agreement is, and that you got a fair deal in this divorce.
Good luck to you in your endeavors.
Re: Final Judgement of Divorce (FJOD)
The Court prepares a final judgment of divorce, itself, immediatley after the
settlement is placed on the record so that the matter is formerly resolved as of record. The Court's judgement merely grants a divorce; it does not
set forth the settlement agreement.
The amended final judgment of divorce should include the settlement placed on the record in court, EXACTLY WITH
MODIFICATION OF ANY KIND.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Final Judgement of Divorce (FJOD)
The other attorneys are correct. If, for some reason, there is going to be a small change here or there, it should be spelled out clearly that this is a change. I am sure your attorney knows what he or she is doing. All questions should be directed to him or her.
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