How Can I Get My Divorce Decree Modified in Illinois?

 Posted on February 22, 2024 in Divorce

The process of settling a divorce can be tricky. Two people attempt to outline things that they will need to do in the future, even though they have no way of knowing what that future will hold. Will their income remain the same then as it is now? What about their health? Will either end up meeting someone new and getting married? Without being able to answer any of these questions about the future, it is difficult to draft an agreement in the present that can remain valid indefinitely. If changes in your life leave you wanting to modify your divorce decree, a Geneva, IL divorce lawyer can explain your options.

How Are Modifications Granted?

There are two ways you can try to get your divorce decree modified.

• By agreement: The simplest way to modify your divorce decree is to reach an understanding with your ex. If the reason you want a modification is more objective, for example, if one ex-spouse is getting remarried, and so the other spouse is no longer required and does not want to pay alimony, it might be easier to get them to agree. Likewise, if you are supposed to be paying child support based on the income you were making at the time your divorce was settled and you have since taken a significant pay cut, your ex might understand your financial inability to pay the same amount as before, if at all. If it is more of a subjective reason, for example, if you believe your ex is no longer providing your children with a safe home, and you want to decrease their custody, it might be more of a challenge. If you can agree about the modifications you seek, you will need to submit your proposed modifications to the court and await their approval.
• By court order: If you and your ex cannot agree about the proposed modifications, you can file a motion in court. You will need to prove that something in your or your ex’s life changed significantly or that your ex had hidden assets or information at the time the divorce was originally settled. Of course, if you have any concerns about your children’s safety, this is not the time to wait patiently for regular court proceedings, but it needs to be handled with immediate legal assistance.

Contact a Geneva, IL Divorce Lawyer

If you wish to modify your divorce decree, you should speak with an experienced Kane County, IL divorce modification attorney. While you might have a reasonable and justifiable claim, it is important to get accurate legal advice before you alter your behavior in any way. Please call The Law Offices of Douglas B. Warlick & Associates at 630-232-9700 and let us review your case.