Is it possible to change the separation date on a divorce decree if both parties agree to it?

UPDATED: Sep 13, 2012

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Is it possible to change the separation date on a divorce decree if both parties agree to it?

If so, how long would it take?

Asked on September 13, 2012 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If it's a decree or court order, you cannot change the date without a court order--court orders may only be changed by court orders. If all parties agree, the court should consent, but you have to contact the court and submit a proposed new decree, with the new date, explaining it is by mutual consent, and copied to your spouse.

If it was a settlement or agreement entered into between you and your spouse without a court order, then you may change it by mutual consent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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