Divorce proceedings can be emotionally exhausting and legally complex, as couples navigate the turbulent waters of separation. But what happens when a judge unexpectedly dismisses a divorce case? It’s a curveball that leaves both parties bewildered and searching for answers.
HOW TO AVOID HAVING A JUDGE DISMISS A DIVORCE CASE IN ILLINOIS
So why would a judge dismiss a divorce case in Illinois?
Here are a few of the most common situations that would make a judge dismiss a divorce case in Illinois:
- Failing to meet residency requirements
- Filing in the wrong county
- Procedural Errors
- Lack of Progress or Inaction
1. FAILING TO MEET RESIDENCY REQUIREMENTS
Divorce cases necessitate compliance with specific residency requirements outlined in the 750 Illinois Compiled Statute (ILCS) § 5/401(a). These requirements demand that one of the parties involved in the divorce reside in Illinois for a minimum period of ninety days.
The purpose behind this requirement is to ensure that Illinois maintains a legitimate connection to the proceedings, safeguarding the integrity of the state’s legal system. By imposing this prerequisite, the law seeks to prevent forum shopping, whereby individuals might attempt to seek a divorce in a jurisdiction with more favorable laws or outcomes.
2. FILING IN THE WRONG COUNTY
Divorce cases are typically filed in the county where either spouse resides. Filing the divorce petition in the wrong county can lead to jurisdictional issues, as the court in that county may not have the authority to proceed with the case.
Some of our clients have asked how moving out of state before divorce is final impacts their case. To be clear, moving out of state or to a different county after filing the petition for dissolution of marriage does not give a judge a reason to dismiss a divorce case. So, if you’re thinking that moving would mean that you no longer meet residency requirements or have filed in the wrong county, don’t worry. You simply must meet residency requirements and file in the appropriate county at the beginning of the case.
3. PROCEDURAL ERRORS
Divorce proceedings have specific procedural rules that must be followed. If a party fails to comply with these rules, such as missing filing deadlines, improperly serving documents, or not adhering to court orders, the judge may dismiss the case. It is essential to carefully follow all procedural requirements to avoid unnecessary complications or potential dismissal.
4. LACK OF PROGRESS OR INACTION
A divorce case requires active participation and progress from both parties. If a case remains stagnant for an extended period, with no progress made towards resolving the issues or moving the case forward, the judge may dismiss it. The court expects parties to diligently pursue resolution, engage in good faith negotiations, and comply with court orders. Lack of action or failure to participate can result in dismissal.
WHAT TO DO IF A JUDGE DISMISSES YOUR DIVORCE CASE
No one wants their case dismissed. Your time and money are too valuable. However, if your case is dismissed, there are ways to reopen it. To learn more about reopening a dismissed case, check out our related articles: Can A Dismissed Divorce Case Be Reopened? | Once a divorce is final, can it be reopened (soon to be published)
DISMISSAL VS. WITHDRAWAL
Our office frequently meets with people who are unhappy with their previous divorce lawyer. It is common for them to ask, “What happens when an attorney withdraws from a divorce case?” The next question they typically ask is, “Does it look bad if your lawyer withdraws from your divorce case?” We typically respond by advising them of the best way to part ways with their divorce lawyer so that it does not have a negative impact on their case. This includes getting all relevant information and court orders that have already been made.
The case will still continue despite an attorney withdrawing, so it is important to pay attention to the proceedings and contact a new attorney quickly so that no time is lost on your case.
Conclusion
A judge may dismiss a case if you failed to meet residency requirements, filed in the wrong county, the case had procedural errors, or if there was a lack of progress in the case. Luckily, dismissal is not the end of the case, but it is always a good idea to avoid the possibility of dismissal entirely by checking the rules in your jurisdiction, following court orders, appearing for court dates, and by hiring a family law attorney that you trust to handle your case.
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 (Why Would A Judge Dismiss A Divorce Case In Illinois?) 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 about Why Would A Judge Dismiss A Divorce Case In Illinois?
Published by Dustin Koth on January 17, 2024
