Familia y Seguridad

After a “Dissolution of Marriage” order is signed by a judge in Illinois, the spouses are required to follow what is in that order. However, after a time, personal situations can change, such as a job loss, an upcoming required move to another state due to an employer, or an unexpected health disability. There may be a need to modify or change what is in the divorce order. It is important to note, though, that until the judge has approved the change, the original order still needs to be followed.

There are different requirements for making the modifications depending on what needs to be changed in the order.

Typically, no. How a judge divides property in a divorce is final unless it can be proved that fraud was involved, or that one of the spouses lied or omitted important information. A lawsuit must be filed within two years of the divorce order.

Yes. Unless not allowed in the final divorce order, spouses can file a lawsuit to ask the judge to modify a spousal maintenance order based on substantial changes in the spouses’ financial situations. This may include retirement or completing a degree that enables the receiving spouse to make more money at work.

Yes, child support payments may be changed after a divorce if there is a substantial change in circumstances. This could be:

• An increase in the needs of children;
• An increase in the ages of children;
• An increase in the cost of living for the children; or
• A change in either party’s financial situation (such as an increase or decrease in income or involuntary job loss of a party)

Learn more about changing child support.

After a divorce, parental decision-making responsibilities (custody) can be changed if both parents agree and the judge agrees it is in the child’s best interests. If the parents do not agree, then generally there cannot be a modification within two years of the final divorce order unless the current situation seriously endangers the child’s mental, moral, or physical health or significantly impairs their emotional development.

Parenting time (visitation) can be modified if there is a change in circumstances that requires this modification because it’s in the child’s best interests. Parenting time can also be changed when both parents agree, as long as the judge finds it is in the child’s best interests.

Learn more about changing parental responsibilities (custody and visitation).

Spouses in a divorce can learn more about the process in Illinois, as well as get forms by looking at:

• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/510 (changes to child support or spousal maintenance)
• Illinois Code of Civil Procedure, 735 ILCS 5/2-1401 (changes to division of property due to fraud or concealment)
• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/610.5 (changes to parental responsibilities and parenting time)

When looking at a modification to a divorce decree, it is recommended to consult a lawyer. Issues can quickly become complicated, and there may be short deadlines or long waiting periods to consider.

Further, a lawyer is recommended when:

• One spouse is represented by a lawyer: a pro se spouse is at a distinct disadvantage in a divorce if the other spouse is represented by a lawyer; or
• There is domestic violence involved in the relationship.

Use Get Legal Help to find a free legal aid organization or private lawyer.