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When Divorce is a Mistake

 Posted on May 05, 2016 in Divorce

Illinois divorce mistake, DuPage County Family Law AttorneyMaking the decision to divorce can be difficult. For many people, the decision arrives after a long, drawn out period of unhappiness. For others, the decision may be a quick, matter-of-fact determination that the marriage is over and they want to legally end it. Still, no matter how couples arrive at the decision to divorce, it is not uncommon to second guess the decision once the papers have been filed and the process is started.

Statistics show that approximately 13 percent of couples who are separated eventually reconcile before divorcing, and another 10 percent of divorced couples eventually remarry each other.

Recently, a New Hampshire couple made the news when they attempted to get their divorce vacated. The couple was married for 24 years before their divorce was granted in January 2014. The divorce became final in July 2014. However, in March 2015, the couple petitioned the NH court to vacate the divorce, leaving them legally married again. The family court ruled against the motion to vacate. The couple appealed to the NH Supreme Court, which upheld the lower court's decision.

There are only a handful of states which have laws in place to vacate a divorce decree, including Illinois. Moreover, there is only a limited time to do so. A couple must file a motion to vacate within 30 days of the final divorce order, and under "any terms and conditions that shall be reasonable."

Once 30 days have passed, the only way to attempt to have a divorce vacated would be under a different Illinois statute, which requires stringent criteria—i.e. fraud—to even be considered by the court.

Some courts in Illinois, such as the Cook County Circuit Court, have what is referred to as a "reconciliation calendar." A couple who is in the process of a divorce and is having second thoughts may request that the judge suspend the divorce proceedings while they attempt to reconcile. In their request, the couple must also include what their reconciliation plan will include. The divorce case will sit on the reconciliation calendar for up to one year, when the court will then call for a status. If the case has been on the calendar for 12 months or longer, the court will decide to either dismiss it or to place the case on the active calendar.

Any time while the case is on the reconciliation calendar, either party may file a motion to place the divorce in active status again.

If you are considering a divorce, contact an experienced DuPage County family law attorney to find out what all your legal options are regarding ending your marriage. Contact Stock, Carlson & Asso. LLC at 630-665-2500 today.


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