Divorce Attorney

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A divorce decree is considered final because it contains both present and future provisions in relation to a variety of matters. However, due to a substantial change in circumstances, there may be a request from one party to revisit the ruling, resulting in a post-decree modification. The provisions defining a divorce and subsequent allocation of assets and parental responsibility are guided by the Illinois Marriage and Dissolution of Marriage Act.

Considering the complications behind post-decree modifications after a divorce decree is signed, you will require support from an experienced family law attorney to help you seek a court review and eventually, a modification. The steps may involve filling a modification petition with the juridical court where the decree was last entered. If required, you can seek out mediation to resolve potential difference in modification and opinions.

Types of Modifications

Modification is a change in your original divorce agreement because there have been changes in events and circumstances, which may make it more difficult or ineffective for a party to fulfill their commitments. The following modifications can be sought in accordance with the Illinois Marriage and Dissolution of Marriage Act:

  • Property allocation modifications,
  • Child support modifications,
  • Maintenance modifications if an ex-spouse has remarried,
  • Parenting time modifications if it is in the best interest of the child, considering there have been substantial changes,
  • A modification in custody is only granted if there is a serious danger to the child. It cannot be sought in the first two years of a divorce.

Potential Reasons Behind Modifications

A modification is sought when one party is unable to fulfill their required part due to recent substantial changes in circumstances. A court might look for varying changes on a case-by-case basis and provide a full judgment only if they think a party is finding it difficult to make their contribution, or there is no future need of contributions. Some known reasons may include:

  • Change in the financial status of either party, making it unfair to receive or pay future contribution or spousal maintenance commitments. It can include loss of a job or a significant reduction in income.
  • A modification can be sought if either party sustains life-altering injuries or needs immediate or future medical aid, or they find it difficult to pay their bill.
  • If a receiving spouse gets remarried, there are grounds to terminate spousal support and seek modifications.

If you need to understand post-decree modifications or require assistance in determining any other family law related matter, schedule a free consultation by contacting Casement Law Group at (847) 888-9300 to speak with an experienced family and real estate lawyer to help understand your rights and obligations.