This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Divorce Modification Lawyers Near Me In Illinois
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FAQ
Yes, you can amend a marital settlement, with both parties agreeing.
1) To amend you must first ask permission from the judge. 2) Once you are allowed to amend, you must file an custom drafted amended petition. See a family law attorney in your area for specific guidance.
In Illinois, you are able to file for a divorce without a lawyer. It isn't easy to go through a divorce without legal help, but it is possible.
No, Illinois isn't a community property state. The principle of "equitable distribution" guides property division in Illinois divorces. Instead of dividing a couple's property equally, judges will divide their property and allocate their debts based on what's fair under the particular circumstances.
The court doesn't divide non-marital property in a divorce. Instead, each spouse keeps their own. For marital property, the court decides on a division that is fair, which could be a 50/50 split or another arrangement based on the couple's situation.
Illinois is an equitable split state. An equitable split means that your property in a divorce should be divided equitably, but that doesn't necessarily mean equally. For example, equitable splits could mean 60/40 or 70/30. This depends on the individual facts and circumstances of each case.
If both parties lived in the house, it is a marital asset and will be split. Because Illinois is an equitable distribution state, the marital estate is not always split 50/50. The house cannot be physically split in half, so one party can keep it, it can be sold, or it can continue to be co-owned.
Yes, but the law allows a marital settlement agreement to state that maintenance is non-modifiable or only modifiable if certain conditions exist. You should examine your marital settlement agreement to see if the maintenance payments are specifically stated to be non-modifiable.