Most divorced couples never want to see the inside of an Illinois courtroom again. But life changes over time, and the circumstances that necessitated certain arrangements in a divorce decree may no longer apply. If you are divorced and have recently experienced a significant change in your circumstances, you may want to petition an Illinois court for a divorce decree modification. Modifications are only approved in specific circumstances; for more information about whether you may be able to request a modification, read on.
When Can a Divorce Decree Be Modified in DuPage County?
A divorce decree usually permanently settles all the issues in a divorce. Property division, child custody arrangements, and spousal support are all described in detail in a divorce decree and courts will not usually modify the terms unless certain requirements are met.
Immediately following a divorce, a decree may only be modified if a spouse believes the divorce court committed an error of fact-finding or applying the law. A spouse may not petition an appellate court for a review simply because they believe the divorce decree to be unfair. But if one spouse lied about income or failed to disclose marital assets, an appeal can be filed in the appropriate appellate court for up to 30 days following the divorce. Absent an error by the divorce court, divorce decrees may only be modified when an individual has experienced a substantial change in circumstances....