What is a post-divorce modification?
When the parties to an Illinois couple reach the end of their divorce, they will presumably have all of their personal and financial matters worked out. They will have divided up their assets and debts, and they will have decided how items of property should be distributed between them. If they have kids, they will have worked out how custody will be established to serve their children’s needs, and they will have set rules on how child support and spousal support should be paid.
The decisions that are made during a divorce are worked into a final divorce order, and that order carries with it the weight of judicial authority. The parties to the divorce are bound to follow the terms of the order and included provisions or face the possible sanctions of failing to comply. However, it is not uncommon for individuals to find, over time, that their divorce orders have become unworkable and that they need to make changes to them.
When a party wishes to change some aspect of their divorce order or decree they may file a motion to modify. A motion to modify identifies what part of the divorce order should be changed and why that section requires modification. Generally, a change in the circumstances of the parties committed to the order or decree is required before a post-divorce modification will be granted.
The post-divorce modification process can be complicated and it is advisable that individuals speak with their family law attorneys about how to complete this often necessary legal procedure. This post does not provide its readers with any advice and its contents should be read as information only.
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