A couple decides that their marriage is over and it is time to file for divorce. They have been together for so long, it is hard for them to imagine life as single people, but they know the time has come to move forward, going their separate ways. Even though they agree that the marriage is over, they both struggle to understand what day-to-day life will look like after the divorce is finalized. What effect will the final divorce decree have on their lives?
What is a Final Divorce Decree?
Your divorce will not become finalized until the court has entered your divorce decree. A divorce decree is different from a divorce certificate, which simply shows that you have gotten a divorce. Many of our clients ask us when their divorce will become finalized, especially when they feel like the process has taken longer than they anticipated. If you are in the process of preparing your final divorce decree, you are typically in the home stretch. Once you sign your divorce decree, also called a judgment for dissolution of marriage, and a judge renders a seal of approval, your divorce is finalized.
Understanding a Divorce Decree in Illinois
Every divorce decree is different because each couple needs to deal with their own unique set of circumstances, but there are some commonalities. All divorce decrees address the division of property. In some cases, a couple can agree on how to divide their property during the divorce. When the spouses cannot agree, the court needs to rule on dividing the marital property. A family court judge will categorize your property as marital or non-marital property and assign your combined assets of value. The judge will use multiple factors to decide how to distribute your property between you equitably.
The process of division of debt is similar, but you will have the option to pay off your debt before you file for divorce. Any debts you or your spouse acquired during the marriage will need to be divided by the court. Some divorce decrees will address the details of your unique circumstances, such as including a name-change authorization. The court may include an order as to which spouse should pay taxes or attorney fees.
Modifying a Divorce Decree
Divorce decrees are final, so you should assume that you will not be able to modify it after it has been finalized. Modifying a final divorce decree can be challenging, regardless of the reason you need to modify it. The only way you can change your divorce decree is to file an appeal, which can be a drawn-out process. You also need to meet certain criteria before the court hears your appeal. However, if you felt threatened into signing your divorce decree, meaning you signed it under duress, you may be able to petition the court for a new hearing.
Contact an Illinois Divorce Lawyer
If you are interested in pursuing a divorce in Illinois, the attorneys at Glasgow & Olsson can help. Contact us today to schedule your initial consultation.