A divorce decree or final decree of divorce is a legal document signed by the judge that officially terminates the marriage. The divorce decree typically includes the judge’s ruling on all matters related to the marriage and any minor children—including division of marital or community property, payment of marital or community debts, spousal support, child custody, child visitation, child support, any obligation to provide health insurance for minor children, and the payment of extracurricular expenses for minor children.
These determinations or rulings set forth in the divorce decree become legally enforceable obligations when the judge signs the divorce decree—and may be enforced by further legal action in the court if one or both of the former spouses fail to comply with the terms of the divorce decree.
As time passes and the life circumstances of the former spouses and their children (if any) change, a former spouse may seek to modify the terms of the divorce decree by filing a petition to modify the divorce decree. The divorce decree terms most often sought to be modified are spousal support, child custody or visitation, and child support. A former spouse generally must wait some prescribed period of time (e.g., one year) after the court signs the divorce decree before seeking to modify it—and the petition to modify must be based on a material and substantial change in the relevant circumstances.
Laws regarding the circumstances under which a former spouse may seek to modify a divorce decree vary from state to state and are usually located in the state’s statutes—often in the family or domestic relations code.
In Illinois, a divorce decree is a final legal document issued by a judge that ends a marriage. It addresses the division of property and debts, alimony (spousal support), child custody and visitation, child support, and other related matters. These orders are legally binding and enforceable through the courts if not followed. If there are significant changes in circumstances, a former spouse may petition the court to modify the terms of the divorce decree. Common modifications pertain to alimony, child custody or visitation, and child support. Illinois law requires that a certain amount of time must pass—typically two years for custody modifications, unless there is evidence of immediate harm to the child—before a modification can be requested, and the petitioner must demonstrate a substantial change in circumstances. These laws are found in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). An attorney can provide guidance on the process and likelihood of success in modifying a divorce decree.