Category Archives: Modification of a Divorce Decree

Illinois Supreme Court Rules on Divorce Maintenance Modification, Legal FeesThe Illinois Supreme Court recently ruled on a post-divorce modification case that started 10 years ago. The case, In Re Marriage of Donna Tuke Heroy and David F. Heroy, dealt with two issues:

  • How much the former husband could reduce his monthly maintenance payments; and
  • Whether the former husband should pay part of the former wife’s legal fees for the case.

Illinois circuit and appellate courts gave conflicting rulings on the case. The supreme court affirmed the circuit court’s calculation for reducing the spousal support payment and approval of the former wife’s request that the former husband contribute to paying her legal fees.

Background

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b2ap3_thumbnail_divorce-appeal.jpgJust like any other legal ruling, such as a ruling on a criminal or civil case, you have the right to appeal your divorce settlement if you feel that it was made in error. Like with these other types of rulings, you will need to go through the appeals process to have your divorce case reheard in appellate court. If you are considering appealing the court's decision about your divorce, work with an experienced divorce attorney to ensure that you follow the correct procedure for an appeal and that your interests are fairly represented in court.

The Appeal Process for Divorce Settlements

In Illinois, the right to appeal a divorce ruling is guaranteed by the Illinois Marriage and Dissolution of Marriage Act.

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Goostree Law Group

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