What Does it Mean to Reopen a Divorce in Illinois?

The Illinois General Assembly allows individuals to reopen divorce cases and request that the court reconsider the ruling. Reopening a Judgment of Dissolution of Marriage is not an easy task, and anyone who is considering this option must have sufficient legal grounds. 

Due to the legal complexities involved with trying to reopen an Illinois divorce case, it is in your best interest to consult an experienced lawyer. A knowledgeable lawyer will professionally assess your case and determine what legal options suit your needs. Your legal representative can explain your rights and support you throughout the legal process. 

Contact Buchanan Law Group today to schedule a case evaluation, and let us help you address your legal concerns.

Are There Time Limits on How Long a Person Has to Reopen a Divorce After it Has Been Finalized?

Illinois has stringent time limits that dictate how long an individual has to reopen a divorce case. The time allowed to file a motion to vacate a divorce judgment will depend on the grounds cited. For example, the deadline to bring a motion before the court if one spouse asserts that a mistake or fraud was committed is generally two years from the date of the final judgment.

In cases involving legal disputes centered on child custody or support, they may be eligible for modification even if the two-year time limit has expired. 

If you believe that you have grounds to reopen a divorce judgment, time is of the essence. When you hire a lawyer, they will need time to investigate all aspects of the case thoroughly so they can craft a custom legal strategy that supports your claim.  

What are the Legal Grounds Needed to Reopen a Divorce Case?

Although trying to reopen an Illinois divorce case can be challenging, it may be possible if your case has valid legal grounds. The most effective solution is to discuss the matter with a qualified divorce lawyer who can determine if you have cause to reexamine the case. 

Some of the legal grounds for reopening a divorce in Illinois include:

Newly Discovered Evidence

If previously unknown evidence is discovered that was unavailable at the time of the judgment, and that was not reasonably identifiable at the time.

Fraud or Misrepresentation

A divorce case may be reopened if the evidence is presented that one spouse concealed their assets, intentionally provided false financial disclosures, or undervalued property.

Duress or Undue Influence

If it can be proven that one spouse was forced or coerced to agree to the divorce settlement by the use of threats, they may have grounds to revisit the case.

Legal Mistakes

A divorce case may be reopened if it is determined that a significant legal error or oversight occurred during court proceedings.

Defective Service

Illinois has strict laws that dictate how a spouse must be served with divorce papers. If they are not properly delivered according to the state’s rule of service, it may be grounds to reexamine the case. 

What is the Difference Between Reopening a Divorce Versus a Modification?

Sometimes individuals are often confused about the differences between reopening a divorce and modifying it. To reopen a divorce case, the spouse filing the motion is seeking to overturn the entire judgment. Once a court issues a final divorce decree, it is particularly challenging to get the court to agree to reopen the case unless there are sufficient legal grounds that must be demonstrated to the court within the two-year time limit.

Conversely, a modification in a divorce case involves making changes to the final divorce judgment. Issues that can be modified include those related to spousal or child support, custody, or changes in parenting plans. To request a modification, the individual filing the motion must be able to prove that a “substantial change in circumstances” has occurred and generally must wait until two years after the final judgment. A substantial change in circumstances can include changes in income, job loss, changes in child custody arrangements, or illness. 

Why Should I Hire an Attorney to Help Me Reopen My Divorce Case?

Most courts are reluctant to revisit divorce cases that have been finalized unless sufficient evidence exists that supports the petitioner’s arguments. As with any legal matter, the best course of action is to hire an attorney to help you reopen a divorce case. 

An attorney will determine if your case has legal grounds that would warrant the court revisiting the case and whether it falls within the two-year timeframe permitted by Illinois law. If your attorney determines you have a valid legal justification to be reopened, they will file a motion to vacate the case. Your legal representative will also gather evidence and present compelling legal arguments to the court as to why the case should be reopened. 

What Should I Trust Your Law Firm With My Legal Needs?

If you believe that you have discovered evidence that could justify reopening your divorce case, you must seek qualified legal representation immediately. Under state laws, you have a limited amount of time to vacate the original judgment. The best option to protect your rights and ensure you are treated fairly is to hire a family law attorney who will act as your legal advocate throughout the legal process.

Buchanan Law Group is dedicated to helping individuals who believe there are extenuating factors that should be considered in their divorce cases. Contact our law offices today at 312-248-6170 to schedule a consultation to learn more about our legal services and how we can assist you.