Can You Modify a Divorce Decree in Illinois?

 Posted on November 23, 2025 in Divorce

Life can change in many ways after your divorce is finalized. In Illinois, the law allows you to request a modification of your divorce decree if your circumstances have changed significantly. First, you have to identify whether your new situation warrants a change. The first step is to have our knowledgeable Wheaton, IL post-divorce modifications lawyer review the details of your case.

When Can You Ask the Court To Modify a Divorce Decree in Illinois?

Although a divorce decree is legally binding, certain parts can be modified under Illinois law. According to 750 ILCS 5/510, you can ask the court to change maintenance, child support, or parental responsibilities if there has been a "substantial change in circumstances."

Note, however, that some parts of your divorce decree cannot be changed. According to 750 ILCS 5/503, the division of marital property is generally final once the judgment is entered. The court will only reopen a property issue in rare cases, such as when one spouse hid assets or committed fraud.

If your decree includes a parenting plan or support order, you can file a petition to modify it in the same court that handled your divorce. You must clearly explain why your situation has changed and provide documentation to support your claim. The judge will review the evidence and decide whether to grant a modification.

Examples of a "Substantial Change in Circumstances" in Illinois

Courts use the phrase "substantial change in circumstances" to describe a meaningful and lasting change that affects one or both parties’ ability to follow the existing order. Some common examples include:

• A significant increase or decrease in income

• Job loss or retirement

• A serious illness or disability

• A child developing new medical or educational needs

• A parent relocating or remarrying

• Major changes to a parent’s schedule or living situation

When asking for a modification, you must prove that the change is not temporary. Short-term financial difficulties or personal conflicts may not be enough to justify a new order. The court will evaluate your evidence carefully before making a decision.

What Happens if Your Ex-Spouse Disagrees With the Modification?

If your former spouse does not agree with your request, the court will schedule a hearing. Both sides will have the chance to present testimony, financial records, and other evidence. The judge will weigh the facts to decide if your situation meets the legal standard for modification.

Disagreement between former spouses is common, especially when the change affects money or parenting time. If your ex-spouse argues that you are exaggerating your hardship or trying to reduce payments unfairly, you will need to show credible proof. This may include pay stubs, medical records, or written documentation showing how your life has changed since the decree was entered.

If the judge does not approve your request, it does not have to be the end of the road. You may be able to appeal or try again later if your situation continues to change. Having an experienced attorney by your side can make the process less stressful and more effective. Our team can help you tell your story clearly and possibly work with your ex-spouse to reach a fair solution before it ever reaches the courtroom.

Contact Our DuPage County, IL Divorce Attorney for a Free Consultation

At Fawell & Fawell, your family is our priority. Attorney Alex Fawell brings a unique depth of experience to every case. Before entering private practice, he served as a federal judicial clerk for the Honorable John Darrah and worked as a 711 law clerk for both the DuPage County and Cook County Public Defender’s Offices. This unique background has contributed to his valuable insight into how judges evaluate evidence and how to present the strongest possible argument on your behalf.

Our Wheaton, IL post-divorce modification lawyer can help you gather evidence to file your petition and represent you in negotiations or court hearings. Call 630-871-2400 today to schedule your free consultation.