Should I Appeal My Illinois Divorce Decree?

 Posted on January 31, 2023 in Divorce

A compromise leaves everyone unhappy, as the old saying goes, and nowhere is this more true than with a divorce decree. The hallmark of a good divorce decree seems to be that both spouses are left wishing they had more control over the outcome and that the terms of the decree benefitted them more personally.

Although certain parts of a divorce decree can only be changed in very rare circumstances, other parts can be modified to better suit your circumstances. However, it is important to know when a divorce decree modification petition is likely to be approved so you do not waste time or money on unsuccessful petitions.

Which Parts of a Divorce Decree Can Be Appealed?

The least likely part of your divorce decree to be appealed successfully is the property division part. This is because it tends to be the most unforgiving when it comes to modifications; after all, modifying a property division would require transferring money, investments, or real estate between spouses, all of which can be very expensive and time-consuming. The only time that a property division agreement has a chance of being modified is if the appeal is filed within 30 days of the original divorce decree being handed down, and only then if there was a serious error of fact or application of the law.

Other parts can be modified more easily. For example, you may be able to get your alimony payments modified as soon as your ex is financially self-supported or gets remarried. You may also petition for a change in your parenting plan or child support obligations if you have experienced a substantial change in circumstances.

It is important to note, however, that judges do not view frivolous petitions for modification kindly. Choosing when and how you want your divorce decree modified should be done with caution, should be done infrequently, and should always be done with any minor children’s best interests in mind. Sometimes former spouses will engage in ongoing or senseless modifications just to harass each other, and this can actually end up backfiring; if you have a history of petitioning for frivolous changes, you may not be able to actually get one when you really need it.

Schedule a Free Consultation with a St. Charles, IL Divorce Decree Appeals Lawyer

Knowing when and how your divorce decree can be modified can be of enormous benefit. Find out more about your options by calling the offices of Goostree Law Group today at 630-584-4800. Our Kane County family lawyers can help with whatever family law issue you are experiencing and will work hard to ensure you receive a favorable outcome in your case.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086