How to Modify a Divorce Decree

 Posted on November 08, 2023 in Divorce

Although a divorce decree is considered “final,” it can sometimes be modified under the right circumstances. When a divorced person experiences a substantial change in circumstances, they might be able to have their divorce decree modified to reflect those changes. Illinois law recognizes that a divorce decree might have made sense at the time it was made, but can become impractical when circumstances change. If you have had a significant life change that makes following your divorce decree as it is currently written impossible or very difficult, you should speak with a Will County divorce lawyer about petitioning the court for a modification. Modifying your divorce decree based on your current circumstances can ensure that you continue to be treated equitably after going through a life change. 

What is a Substantial Change in Circumstances?

If you can show the court that you - or in some cases, your spouse - has experienced a relevant and significant change in circumstances, the court is likely to grant you a modification. Significant changes include, but are not limited to: 

•  Job loss - If you have lost your job and cannot keep up with support obligations, you may be able to have the court reduce the amount of support you must provide to your child or former spouse. 
• Health status change - If you recover from an illness and are able to take on greater parental responsibilities, or become disabled and can no longer work, the terms of your divorce decree can likely be modified to reflect the change. 
• Change in child’s needs - The child’s best interests come first in all matters concerning the child. If your child’s needs change, the court will likely be happy to modify the parenting plan to better meet the child’s needs. For example, if a child develops health issues and needs more care, the court may alter the parenting time schedule so that the child is with the parent who works from home and can be there around the clock. 
• Parental relocation - If one parent is moving a significant distance away, a change to the parenting plan is likely to be necessary. Moving with children can be a highly complicated issue, as there are numerous factors the court will consider. 

If you or your child has experienced a significant change in circumstances like these, you might be eligible to modify your divorce decree. 

Contact a Naperville, IL, Post-Decree Modifications Lawyer

Law Office of Ronald L. Hendrix, P.C. is here to help divorced people get the modifications they need to keep their decree fair and just in light of changing circumstances. Our dedicated Will County post-decree modification attorneys will fight to make your divorce decree or parenting plan work for you again. Contact us at 630-355-7776 for a complimentary consultation.