Can I Reopen My Divorce Case in Illinois?

You can only reopen a divorce case in Illinois in rare situations, such as fraud, discovery of hidden assets, or significant legal errors.

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Understanding Reopening Divorce Cases in Illinois

Reopening a finalized divorce case is challenging and requires valid legal grounds. Courts generally aim to maintain finality in divorce judgments, but exceptions are made in cases of misconduct or errors that could have affected the outcome of the case.

Legal Context for Reopening Divorce Cases

Under Illinois law, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5) and rules of civil procedure govern the reopening of divorce cases.

Valid Reasons to Reopen a Divorce Case:

  1. Fraud or Misrepresentation:
    • If one spouse hid assets or provided false information during the divorce process.
  2. Discovery of Hidden Assets:
    • Finding significant marital property that was not disclosed during the original proceedings.
  3. Mistake or Legal Error:
    • Errors in the division of assets or the application of law may warrant reconsideration.
  4. New Evidence:
    • Evidence that was not available during the original proceedings and could significantly affect the judgment.

Time Limits:

  • Illinois courts typically require motions to reopen cases to be filed within one year of the judgment, but exceptions may apply in cases of fraud or hidden assets.

Example Scenario:
If one spouse discovers a previously hidden offshore bank account containing marital funds, they may petition the court to reopen the case for a fair division.

Steps to Reopen a Divorce Case

  1. Consult an Attorney:
    • Evaluate the validity of your claim and determine whether reopening the case is possible.
  2. File a Motion:
    • Submit a motion to the court explaining the reasons for reopening the case and providing evidence to support your claim.
  3. Attend a Hearing:
    • Present your case to the court, including evidence of fraud, hidden assets, or other qualifying factors.
  4. Await the Court’s Decision:
    • The court will determine whether reopening the case is justified and, if so, proceed with revisiting the relevant issues.

How Attorneys Can Help

An experienced family law attorney can:

  • Assess your case to determine whether reopening is feasible.
  • Gather evidence of fraud, hidden assets, or errors.
  • File the necessary legal motions and represent you in court.
  • Advocate for a fair resolution to issues such as asset division or support adjustments.

Need Help Reopening Your Divorce Case?

Call (630) 366-1760 to consult with a family law attorney. We’ll help you determine whether reopening your case is possible and guide you through the legal process.

Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.