When Modifications to a Divorce Decree Become Necessary

 Posted on November 17, 2022 in Modification & Removal

Many people want to believe that after they go through the long process of seeking and finalizing a divorce they can just put everything behind them and never think about any agreement again. However, many agreements may need to be revisited. 

Terms of a divorce decree cannot be changed individually by either spouse, so a party will have to seek a modification through the court when they need some kind of major corrective change made to their original divorce decree. You may be able to simplify your case by working in agreement with your former spouse for any modification.

How Modifications Work

Modifications most commonly relate to child custody, parental responsibilities, child support, spousal support, and property division. You have two ways to seek modifications:

• Modifications by Agreement - Assuming that divorcing spouses can come to an agreement on a modification, then this is perhaps the easiest way to seek a modification. You simply submit the agreed-upon request to the court for approval. It is important to remember, however, that any proposed adjustments to child support payments still need to comply with Illinois Child Support Guidelines. An attorney can assist you in negotiating with your former spouse to get an agreed modification proposal to submit to the court.

• Modifications by Court Order- When spouses cannot agree, then one party will have to file a motion in court. Courts in Illinois only grant modifications when there is evidence of a substantial change of circumstances.A substantial change of circumstances may include a change in the employment status of either party, an increase or decrease in income, a receiving spouse’s efforts to become self-supporting, a spouse cohabitating or remarrying, a spouse seeking to relocate to another state, a spouse developing a drug or alcohol problem, or tax consequences. 

When a parent is seeking to modify a former spouse’s custody or visitation rights because they have fears about their child’s safety, this is an emergency matter requiring immediate legal assistance. Make sure your child is in a safe place and then call a lawyer right away.

Contact a Kane County Divorce Lawyer

If you are currently hoping you can modify your existing divorce court order in Illinois, you should make sure you get the legal help you need. The Geneva divorce modifications attorneys at The Law Offices of Douglas B. Warlick & Associates regularly handle these kinds of cases and know how to help people achieve the most desirable outcomes to their cases

Our firm has Illinois court experience dating all the way back to 1981. You can call 630-232-9700 or contact us online for a confidential consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K402