A divorce decree is legally binding on both parties following the termination of their marriage. It is also modifiable, but generally only if the party seeking a modification is able to show that a significant change in circumstances has occurred. Divorce order modifications can address child custody or visitation, child support, alimony, division of assets, and related matters.
Consider contacting a DuPage County post-divorce modification lawyer to discuss your legal rights and options. An experienced divorce attorney at Reidy Law Office LLC may explain to you, for example, that some divorce decree terms are more difficult to modify than others. We can help you navigate the process and present evidence to the court supporting your claim that one or more modifications should be made.
The terms of a divorce degree generally center around the economic situations of the parties and the child custody arrangement if there are minor children involved. As the years roll on and circumstances change, the original divorce decree may fall out of sync with the lives of those it affects. 750 Illinois Compiled Statutes. 5/510 addresses the various ways that a divorce decree can be modified and under what circumstances.
Arguably the most contentious areas of modification are those that pertain to children.
A child support order can be modified, but only if the individual who is seeking the modification can show that there has been a substantial change in circumstances. The loss of a job of either parent, a major increase in child care costs, the child’s emancipation, and either parent remarrying are common examples of what courts often accept as being a substantial change in circumstances for the purpose of modifying child support.
To modify visitation, or parenting time, there is no two-year waiting period, and all that must be shown is that a modification would be in the child’s best interests. Modifying your parenting time schedule may become necessary if there are substantial changes in the child’s or either parent’s schedules.
A divorce decree can be modified in other ways should either party experience a substantial change in circumstances. For example, a divorce decree could require one of the parties to pay alimony to the other, either indefinitely or for a specified period of time. Similar to child support, an alimony award can be modified if the financial situation of either party has changed significantly since the date the award was originally ordered.
For purposes of modifying alimony, any of the following could be considered a substantial change in circumstances:
Another type of modification pertains to the division of marital property. Generally speaking, the only way for this to be accomplished is if the party seeking a modification can prove that the marital property was divided fraudulently.
There are many legally recognized grounds upon which your divorce decree can have if modified. However, it is necessary to demonstrate to a court that modification is warranted. Our diligent attorneys at Reidy Law Office LLC could help. Contact a DuPage County post-divorce modification lawyer today to learn more about your rights and legal options.