Divorce Modification With Partial Claim In Illinois
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FAQ
Amending Your Divorce Decree via a Change of Circumstances If one party undergoes a material or other substantial change in their life situation, they may be able to seek a modification of the original divorce decree. The party must have a significant change in these cases.
1) To amend you must first ask permission from the judge. 2) Once you are allowed to amend, you must file an custom drafted amended petition. See a family law attorney in your area for specific guidance.
Parenting time and child support, which are also part of a final decree, may also be modifiable. At the time a divorce is finalized by court order, so are visitation and custody agreements.
Yes, but the law allows a marital settlement agreement to state that maintenance is non-modifiable or only modifiable if certain conditions exist. You should examine your marital settlement agreement to see if the maintenance payments are specifically stated to be non-modifiable.
A divorce decree could be invalid if a judge's decisions were based on incorrect information or if the judge made errors affecting the outcome. If one party concealed assets or debts from the other, that could be grounds for appeal or modification.
Yes, you can amend a marital settlement, with both parties agreeing.
There is one item that can be modifiable but is not always: maintenance (also known as spousal support or alimony). Your judgment can include one of two types of maintenance: Non-Modifiable Term Maintenance – This is maintenance for a set period of a time (for example: for 18 months following the divorce).
