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IL Divorce - How to fix mistake in final divorce decree?

My divorce was final almost 2 weeks ago and before the court date my lawyer sent me a final copy to look over before it was sent out. I noticed a few mistakes and let them know and was told they would be fixed. I never saw another copy until just getting the final copy after the divorce was made final 2 weeks ago and only one mistake was fixed. The final paper allows my ex to claim our daughter every year for taxes once he is caught up with support when it should say he can claim her every other year for taxes once he is caught up. I don't think this will ever be an issue since he wants nothing to do with her and doesn't pay support but in the rare case that he does get caught up someday I don't think it's fair that he gets to claim her every single year. I've heard you have 30 days to go back to court to try and amend something but don't know if this is true and if so do I just have to file the papers and obtain a court date within 30 days or do I actually have to be physically seen by the judge before the 30 days is up. Also, how do I do this and what kind of form do I need? I can't seem to find any answers regarding how to fix this and it seems like such an easy fix. I'd have my lawyer fix it but I cannot keep affording to pay $300/hour for something that could be simple. Not to mention I'm upset with them for not fixing these errors and also adding a clause to my decree asking permission from the judge to be able to sue me if I haven't paid them in full in the next 30 days despite them verbally telling me as long as I keep making payments like I've been doing they are fine with that. So I don't even know if they can legally add something to my final divorce papers without my knowledge. Also, I don't know if it makes a difference but I do have the email with the "final copy" they sent me which I can provide to show that it tells me it's the final copy however, it doesn't match the one they gave to the judge in court.

4 Answers

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  • 8 years ago
    Favorite Answer

    When you alerted them of the mistakes that needed to be fixed, did you do it in writing? If so, and you have proof of it, you can demand your lawyer to fix it for free, since he screwed up. If all you did was tell them verbally, you have nothing to fall back on. You'll need your lawyer to help you amend the decree.

  • 5 years ago

    1

    Source(s): Divorce Record Search Database - http://divorcerecords.oruty.com/?mLjm
  • ?
    Lv 4
    4 years ago

    How To Fix A Divorce

  • Anonymous
    5 years ago

    That particular stipulation is going to be hard to word in a way that is acceptable to the court. Most such stipulations simply state that neither party can entertain overnight guests while in the presence of the minor child. But even that wide wordage is problematic. It would probably be best to simply discuss this with the child's father and ask his cooperation. Since you are comfortable with the father having the child for 3 weekends a month you must not have any doubts about his ability to parent her within healthy confines.

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