Divorce is a complex and emotionally charged process that can take a toll on anyone involved. Once the divorce proceedings are finalized, it often feels like a huge weight has been lifted off your shoulders. You may be looking forward to a fresh start and the opportunity to move on with your life. However, there are situations where individuals may wonder “Once a divorce is final, can it be reopened? In this article, we will explore the circumstances under which a divorce case can be reopened and what you need to know about this process.
The Finality of Divorce
In most cases, when a divorce is finalized, it is considered legally binding, and the terms and conditions outlined in the divorce decree are expected to be followed by both parties. In most states, divorce decrees cannot be finalized unless 90 days have passed since the beginning of the case and the judge has come to a decision. This finality provides closure and allows individuals to move forward with their lives, knowing the legal aspects of their marriage have been resolved.
After a divorce is finalized, parents must follow all court orders. These court orders will lay out alimony, child support, custody, and asset division. Situations can change, however, leading to moments when you might want to reopen your divorce case to change one of these agreements.
Grounds for Reopening a Divorce
Reopening a divorce case is not a common occurrence, and the legal system generally favors the finality of divorce decrees. However, there are situations in which it may be possible to reopen a divorce case. Here are some common grounds for reopening a divorce:
- Fraud
- New Evidence
- Violation of Court Orders
- Changes in Circumstances
- Legal Errors
Keep reading to learn more about each of these grounds.
- Fraud or Misrepresentation
If one party can provide evidence that the other party engaged in fraud or misrepresentation during the divorce proceedings, it may be possible to reopen the case. For example, if one spouse concealed significant assets or provided false information about their finances, this could be considered fraud.
- Newly Discovered Evidence
If new evidence surfaces that was not available during the original divorce proceedings and is relevant to the case, it may be possible to reopen the divorce. This evidence could include financial information, hidden assets, or other significant factors that were not initially considered.
- Violation of Court Orders
If one party fails to comply with court orders outlined in the divorce decree, such as child support or alimony payments, the aggrieved party may be able to reopen the case to seek enforcement of these orders. To learn more check out our article titled “What Happens If You Do Not Follow a Family Court Order In Illinois?”
- Changes in Circumstances
Changes in circumstances can also be a reason to reopen a divorce case. For example, if one party experiences a significant change in financial circumstances, such as job loss or a substantial increase in income, it may be possible to revisit issues related to spousal support or child support.
- Legal Errors
In some cases, a divorce may be reopened due to legal errors or mistakes made during the original proceedings. These errors could include procedural mistakes, incorrect calculations, or violations of due process.
The Process of Reopening a Divorce
Reopening a divorce case is not a straightforward process and generally requires the assistance of an experienced family law attorney. Divorce is governed by 750 ILCS 5/ and the statutes underneath it. Here is an overview of the typical steps involved in reopening a divorce:
Consultation with an Attorney
If you believe you have valid grounds to reopen your divorce, the first step is to consult with a knowledgeable family law attorney. They can assess your case, determine the strength of your claims, and guide you through the legal process.
Filing a Motion
To reopen a divorce case, your attorney will need to file a motion with the court. This motion should outline the grounds for reopening the case and provide supporting evidence.
Court Review
The court will review the motion and consider the evidence presented. If the court finds merit in the motion, it may schedule a hearing to further evaluate the case.
Hearing
During the hearing, both parties will have the opportunity to present their arguments and evidence. The court will make a decision based on the information provided.
Court Order
If the court decides to reopen the divorce case, it will issue a new court order outlining any changes or modifications to the original divorce decree.
Conclusion: Once a Divorce is Final, Can it be Reopened?
While divorce is generally intended to be a final and binding legal process, there are circumstances under which it can be reopened. It’s important to note that reopening a divorce case is not a guarantee, and the burden of proof lies with the party seeking to reopen the case. If you believe you have valid grounds for reopening your divorce, it is essential to consult with an experienced family law attorney who can assess your situation and guide you through the legal process.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (Once a Divorce is Final, Can it be Reopened?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information answering the question Once a Divorce is Final, Can it be Reopened?
Published by Dustin Koth on July 22, 2024
