Making Changes In Your Divorce Order
A divorce decree carries great weight, providing the terms for the formal conclusion of your marriage. But if things change after your decree is final, you or your ex-spouse may want to change some of the terms.
At Mitchell Highlander, LLC, we can help you respond effectively to situations where changed circumstances may affect the terms of a final divorce settlement. With over a decade of proven experience in divorce law, our firm knows how to protect your interests.
Call 618-803-4022 to arrange an initial meeting with an experienced lawyer. From offices in Maryville and O’Fallon, we serve clients in Madison County, St. Clair County and Bond County in Illinois.
When Can A Divorce Order Be Modified?
Generally, a final division of marital property in a divorce decree cannot be modified.
By showing a substantial change in circumstances, however, it is possible to request modification to several key areas of the decree, including:
- Custody and parenting time (called “allocation of parental responsibilities” in the law)
- Child support
- Spousal maintenance (unless the parties agreed that maintenance would not be modifiable)
- Educational expenses, particularly for post-high school education
Do You And Your Ex Agree On A Change?
Parenting is a dynamic process, with the needs of kids always changing. The law therefore allows you and your ex to agree on a change to the parenting plan, which can then be formalized with the court.
But if you and the other parent don’t agree, it’s a different story. If there is no agreement, a parent has to wait two years before requesting a modification of the allocation of decision-making responsibilities, unless there is child endangerment.
See our FAQ on child custody issues for more information on this issue.
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