Is it Possible to Modify Your Divorce Years Later?

 Posted on November 08, 2022 in Divorce

The process of divorce can be a long, complex, and arduous process. It is not uncommon to feel incredibly relieved once the whole process is over. However, people's lives and needs can change drastically as the years pass. You may wonder, is it possible to change the terms of your divorce years after it took place?

In the months and years following your divorce, different situations may arise that require your divorce decree to be altered or modified. For your divorce decree to be changed, court approval must be given. If you are looking to modify your divorce decree, consult with a knowledgeable divorce attorney who understands the modification process and can assist you in making any changes you feel are necessary. 

Divorce Decree Modifications

Under Illinois law, former spouses can seek to modify their divorce terms by agreement with each other or through a court order. Notably, not all decisions made during a divorce are eligible to be changed once the divorce is completed. For example, the division of marital property is final and cannot be modified once the divorce is finalized. However, there are terms of your divorce decree that can be changed. This includes: 

• Parental responsibilities and parenting time – Parents can request changes to their rights and responsibilities when it comes to making decisions about their children. They can also request adjustments to the schedule for their time with their children. For example, suppose a parent's work schedule changes, the children's needs change, a parent relocates, or a parent wishes to be able to spend more time with their child. In these cases, the parent can request changes be made to the section of the divorce decree that deals with parental responsibilities and parenting time. 

• Child support – If a parent can demonstrate that there has been a significant change in circumstances for either parent or the child, like the loss of employment, a disability or illness that has affected a parent's capacity to work, or even an alteration in a child's educational needs or medical needs, the parent can request a modification to child support payments in order to reflect the changing circumstances. In some cases, child support can be modified if at least 36 months have passed since a child support order was formed or adjusted and if the estimate of child support requirements under Illinois law would differ by a minimum of 20 percent from existing child support obligations. Typically, child support will only be ended once the child turns 18 or graduates high school. 

• Spousal maintenance – Support paid by one spouse to the other can be changed or terminated if it can be shown that there has been a significant change of circumstances for that spouse. For example, if a spouse receiving maintenance gets remarried, their spouse's obligation to pay maintenance will be ended as of the day of their wedding. Alimony can also be terminated if the spouse receiving alimony begins living with a new partner. 

Contact an Arlington Heights, IL, Divorce Modification Attorney

If you are interested in modifying your divorce decree, the experienced Arlington Heights divorce modification lawyers with A. Traub & Associates will help you and ensure your rights are protected. Call 847-749-4182 today to schedule a comprehensive consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm