My wife hired a divorce lawyer after we filed for separation, but I am representing myself pro se. I am not pleased with the alimony order her lawyer drafted, but I have already agreed to it “temporarily.”
What should I do in order to have the terms of the alimony order changed?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois divorce and alimony laws where I am licensed to practice.
If the final judgment for legal separation has not been entered with the court, and your wife’s attorney has merely prepared the document for you to sign, you should take the document to a mens divorce attorney to review and discuss your options. Without reviewing the terms of the judgment, as well as your financial situation, I cannot advise you with respect to the alimony provision.
If a temporary order has been entered with the court requiring you to pay maintenance on a temporary basis, then you must abide by this order until the final judgment is entered, or another court order is entered modifying the temporary order. A temporary order may be modified before a final judgment, so you can ask the court to modify the terms of the temporary order.
If a final judgment of separation has been entered, then it will be more difficult to modify the alimony provision. Where I practice, after a final order is entered, there is a 30-day period where either party can file a motion to ask the court to reconsider or set aside the order, or appeal the order.
If it has been more than 30 days since the final judgment of separation was entered, you can file a motion to modify alimony. A court may modify an order for maintenance if it finds that there has been a substantial change in circumstances since the order was entered.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.