After a divorce is finalized, you have 30 days to appeal any legal mistakes that were made by the presiding family law judge. When a person receives their final divorce decree, their attorney should have a meeting as quickly as possible to determine if they need to fix something in the divorce decree.
There are various ways you can correct a divorce decree, including filing an appeal, filing a motion for clarification, asking for an amendment, or asking for reconsideration. A Peoria post-divorce disputes lawyer from our team can file several documents to address potential errors or a ruling which is contrary to the evidence in order to resolve a post-decree issue.
Characterizing Post-Decree Issues
You have a very small period of time after the divorce decree to ask for changes or errors to be fixed. However, there may be issues related to modifications or enforcements even after a decree is corrected.
For instance, a person may have a divorce decree that divides property in a certain manner. If the property does not actually get divided in that way or the person who has been ordered to pay for the debt does not do so, then they have what is called a post-decree dispute.
Another example would be post-divorce expenses for child-related costs. When parents get divorced, the courts must implement an order that determines how medical expenses and extracurricular costs associated with the children will be handled between the parties.
If one parent cannot get the other party to cover their portion of child-raising expenses, they may have a post-decree dispute. A Peoria post-decree dispute attorney would need to file a petition in court to enforce the underlying divorce order.
Post-divorce modifications can involve issues like child support, child custody, or spousal maintenance – unless there is an agreement that it is non-modifiable. Custody modifications would ultimately be decided by the court in the children’s best interests.
What a person cannot do is request spousal maintenance modifications on a divorce decree which says no alimony will be ordered. While they can ask that their divorce decree be opened to divide property that has not been divided, they cannot ask for a do-over of modifying the allocation of assets. This is why people only have 30 days window after they get their initial divorce decree. A post-dissolution dispute lawyer in Peoria would be familiar with the procedures and rules associated with filing a motion for modification of a divorce decree.
Contact a Peoria Post-Divorce Disputes Attorney Today
Post-decree issues can be complicated, so it is best to enlist the professional help and guidance of an attorney who can help you adhere to important court rules and filing deadlines. It can be difficult to determine what is modifiable and what is not without having backlash and consequences for getting it wrong. You should reach out to a Peoria post-divorce disputes lawyer to improve your understanding of what you can and cannot modify after a marriage dissolution.