Generally speaking, when a divorce decree is final, it can no longer be modified. However, when a significant change occurs in one of the parties’ lives, a decree can be adapted to fit that new reality. Protocol must be followed, but with help, a decree can be changed to suit life as it changes.

When Is Modification Appropriate?

It is sometimes difficult to determine when a life change has been dramatic enough to mandate modification of a divorce decree. The unspoken rule is that whenever the amount of people, time and/or money changes in your life, it is grounds for change. Some examples of these situations would:

Divorce does not only affect you and your spouse. It can affect your extended family, and most certainly, your children. Sometimes, especially if your divorce is drawn out and complicated, it can be useful to have a person who is specifically invested in protecting your children’s interests, as they can occasionally get lost in the shuffle. This is the role of a guardian ad litem (GAL).

GALs in Illinois

A GAL’s role differs in different states. In Illinois, they are essentially advocates for children who the subject of parental responsibilities proceedings. In most cases, such proceedings are part of the divorce process. However, GALs do not concern themselves with questions of property or fault. Their aim is entirely to obtain enough information to make a recommendation on what outcome would be in the child or children’s best interests, though they may not advise the child directly. They do this through interviews with the children and parents and accessing records which might shed light on each parent’s financial, physical, and mental situation.

Child support is part of virtually every divorce agreement when there are minor children in the picture. Generally, an amount is calculated by the court while the divorce is being hammered out, but sometimes, spouses reach an agreement themselves. Either way, the amount and frequency of child support is not often changeable. When it is, you must fulfill all the requirements for the order to be accepted by the court.

“Significant Changes”

Illinois law dictates that support modifications can only be made once every three years or when a “significant change” has occurred within the family. There is some debate about what this specifically means. Generally speaking, a support order will not be modified by a court unless a parent can show a significant change or that at least a 20 percent differential will happen between the current amount of support and the amount that would result from a modification. However, the reason for that differential may vary.

Usually, when two people marry and decide that it was a mistake, they simply file for divorce. However, in some situations, they opt instead for an annulment. There are many reasons that people wish to obtain an annulment, but in truth, the requirements are very strict. Divorce is easier to get, but sometimes, an annulment may suit your purposes better. It is a good idea to understand the difference between the two.

Requirements for an Annulment

There are only four valid reasons to obtain an annulment (otherwise known as a declaration of invalidity of marriage) in Illinois, as opposed to a divorce. They are:

Today’s world is a globally connected one. More and more people are marrying citizens of other countries and moving to other countries to be with their spouses. If you marry a foreign national and want to live with them in the United States, your spouse will likely need to become a Lawful Permanent Resident (LPR, or ‘green card holder’), and may one day become a citizen. However, if your marriage does not work out, your spouse may experience significant immigration problems.

Before Approval

If you and your foreign-born spouse intend to make your home in the United States, there is a specific procedure you must follow in order for your husband or wife to obtain legal status in this country. A U.S. citizen spouse must submit an application called an I-130, Petition for Alien Relative, in which they promise to sponsor their foreign spouse. This means vouching for his or her character and also promising that he or she will not require public assistance benefits or become homeless.