Can I Modify My Original Divorce Decree?

 Posted on September 08, 2022 in Divorce

Your divorce decree is generally considered a very final document. When the court issues the decree, your marriage officially terminates, and the decree reflects either the agreements you made or the decisions the court made. At the time, the terms in your decree may have been practical and reasonable. However, things can change over time. Your or your ex’s financial situation may have changed drastically. The needs of your children can change and evolve over time. Divorced parents may become different people over time. A number of circumstances in your lives can change and render your divorce decree impracticable and unreasonable. In some cases, you may be able to petition the court to modify your divorce decree to reflect the present reality. To do this, you will need a knowledgeable family law attorney.

What Are the Grounds for Modifying a Divorce Decree?

Divorce decree modifications are possible, but not always easy. Generally, they are used when a drastic change in your personal situation has occurred. You may be able to seek a modification if one of the following circumstances is present in your case:

• Change in income - If you or your spouse has lost a job or otherwise seen their income significantly reduced, a modification that pertains to issues like alimony or child support may be made.

• Benefits loss - This tends to go hand-in-hand with job loss and employment changes. Health insurance is incredibly important for every American. If one party - especially the party who was providing the childrens’ coverage - loses the benefits the family relied on, it may be possible to modify the divorce decree.

• Health changes - A person’s health status can change in an instant. If you or one of your children is experiencing a serious physical or mental illness that affects your day-to-day life, it may be grounds for a modification. New disabilities can lead to dramatic changes in family life and finances.

• Well-educated child - Divorce decrees often make provisions so that parents may share the costs of a child’s college education. If your child is particularly bright and does not stop after getting an undergraduate degree, but goes on to seek post-secondary education, the court may make changes to the original divorce decree to support the now-adult child in their goal.

• Relocation - Especially if one party is moving out of the state, the court may need to modify the decree to account for this.

If you have experienced a major life change since your divorce, you may want to speak to an attorney to find out whether pursuing modification is an option for you.

Call a DuPage County Divorce Lawyer

Davi Law Group knows that a final divorce decree is not always the end of the story. Our skilled Wheaton divorce attorneys are prepared to help you fight for a change in your decree that reflects the change in your life. Contact us at 630-657-5052 for a free consultation.

Source:

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