You are not required to hire a lawyer for post-divorce modifications, but having legal representation is highly recommended to ensure the process is handled correctly and your rights are protected.
Understanding Post-Divorce Modifications
Post-divorce modifications involve changes to court orders regarding child custody, support, or spousal maintenance. These modifications are typically requested when there is a significant change in circumstances, such as a job loss, relocation, or change in a child’s needs. While you can file for modifications on your own, navigating the legal process can be complex without professional assistance.
Legal Context for Post-Divorce Modifications in Illinois
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), post-divorce orders can be modified if there is evidence of a substantial change in circumstances.
Common Reasons for Modifications:
- Child Custody:
- A parent’s relocation or a child’s evolving needs may necessitate changes to custody arrangements.
- Child Support:
- Changes in income, job status, or healthcare needs can affect support payments.
- Spousal Maintenance:
- Adjustments may be requested due to financial hardship or changes in the recipient’s circumstances, such as remarriage.
Example Scenario:
A parent loses their job and seeks a temporary reduction in child support payments until they find new employment.
Steps for Filing Post-Divorce Modifications
- Evaluate the Need for Modification:
- Determine whether the change in circumstances warrants a modification under Illinois law.
- Gather Supporting Evidence:
- Collect documents, such as financial statements, medical records, or proof of relocation, to support your request.
- File a Petition With the Court:
- Submit a formal motion to modify the relevant court order, explaining the substantial change in circumstances.
- Notify the Other Party:
- Serve the other party with the petition and allow them an opportunity to respond.
- Attend a Court Hearing:
- Present your case to the court, including evidence and testimony supporting the requested modification.
How Attorneys Can Help
An experienced family law attorney can:
- Assess whether your circumstances qualify for a modification.
- Prepare and file the necessary legal documents to request changes.
- Represent you in court hearings or negotiations with the other party.
- Help you avoid mistakes that could delay or jeopardize your case.
Need Help With a Post-Divorce Modification?
Call (630) 366-1760 to consult with a family law attorney. We’ll guide you through the modification process and work to protect your rights and interests.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
