Divorce settlements bring a sense of finality, but life doesn’t always stand still. Circumstances change, and sometimes the terms of a divorce no longer make sense for one or both parties. Whether it’s child custody, spousal support, or even asset division, you may be wondering if a divorce order can be modified after it’s been finalized.
In Illinois, certain divorce orders can be changed under specific conditions, but modifications aren’t automatic. At Shark Lawyers for Men, we help clients navigate post-divorce modifications to ensure their agreements reflect their current realities.
Which Divorce Orders Can Be Modified?
Not all aspects of a divorce settlement can be changed. Illinois law typically allows modifications for:
1. Child Custody and Parenting Time
Parenting time and decision-making responsibilities (also known as custody) can be modified if there has been a substantial change in circumstances that affects the child’s well-being. This could include:
- One parent relocating.
- A significant change in the child’s needs.
- A parent’s inability to meet their responsibilities due to job loss, illness, or other factors.
Illinois law generally requires a two-year waiting period before making major custody changes unless the child’s safety or well-being is at risk. However, smaller modifications may be requested at any time if they serve the child’s best interests.
2. Child Support
Child support can be modified if there is a substantial change in financial circumstances for either parent. Reasons for modifications may include:
- A job loss or significant decrease in income.
- An increase in one parent’s earnings.
- Changes in the child’s medical, educational, or financial needs.
Illinois courts will review updated financial information to determine if an adjustment is necessary.
3. Spousal Support (Maintenance)
Spousal support orders can be modified if one party’s financial situation changes significantly. Support may be reduced, increased, or even terminated under circumstances such as:
- The recipient spouse remarries or moves in with a new partner.
- Either spouse experiences a major change in income.
- The paying spouse retires, making support payments unreasonable.
Unlike child support, spousal support cannot be modified if both parties agreed to a non-modifiable maintenance clause in their divorce settlement.
What Cannot Be Changed?
Some parts of a divorce decree are considered final and cannot be modified, including:
- Property Division: Once assets and debts are divided, those decisions are permanent.
- Debt Responsibility: If the court assigns debts to one spouse, that decision usually remains in place.
However, if one spouse was dishonest about assets during the divorce, courts may revisit the division of property in cases of fraud or hidden assets.
How to Request a Divorce Order Modification in Illinois
If you believe your divorce agreement no longer works for you, you’ll need to file a Petition for Modification with the Illinois family court. The process typically involves:
- Filing a Petition – A formal request to modify the existing court order.
- Providing Evidence – Demonstrating that a substantial change in circumstances has occurred.
- Court Hearing – A judge reviews the request and determines whether a modification is justified.
Shark Lawyers for Men can guide you through the modification process, ensuring you present the strongest possible case.
How Long Does a Modification Take?
The timeline for modifying a divorce order varies based on the complexity of the case and whether both parties agree to the change. Simple child support adjustments may be resolved in a few months, while contested custody modifications can take several months to over a year.
Having an experienced family law attorney can help streamline the process and prevent unnecessary delays.
Contact Shark Lawyers For Men Today
If your financial situation, parental responsibilities, or child’s needs have changed significantly, modifying your divorce order can provide necessary relief. However, it’s essential to understand the legal requirements and prepare a strong case before filing.
At Shark Lawyers for Men, we help clients fight for fair modifications that reflect their current realities. Whether you need to adjust child support, parenting time, or spousal maintenance, we’ll ensure your case is presented effectively. If you’re considering a divorce modification, contact us today to discuss your options.
