I Changed My Mind; Can a Finalized Divorce Be Vacated?

 Posted on March 18, 2016 in Divorce

You can probably recall several examples in your own life where you thought that you were making the right decision, only to realize later that your choice was misguided, and maybe even completely wrong. It is very possible that you have made such decisions about relationships in the past, deciding to break up with a boyfriend or girlfriend, then realizing that you were actually much happier with him or her than without. What happens, though, when the relationship is a marriage, and you get all the way through the process of divorce before coming to the conclusion that the whole thing was a terrible mistake? Can you attempt to have your finalized divorce judgment vacated?

The short answer is that you can try, but if a change of heart is your only reason for setting the judgment aside, you will probably not have much luck. A divorce judgment is essentially a type of verdict in a civil court proceeding, meaning that it must take into account all of the relevant information available at the time the of proceedings. Your petition for divorce or your response to your former spouse’s petition indicated your wishes to end the marriage, providing the court the authority to grant your request, presuming the associated concerns have been properly addressed. Once the proceedings have concluded and the judgment is entered, it is too late to change your mind.

Reasons to Vacate a Divorce Judgment

That is not to say that a divorce decree can never be appealed or vacated. There are a number of reasons for which doing so may be entirely appropriate. For example, if you believe that your ex-spouse misrepresented important information during the proceedings, or that certain elements of your case were mishandled by the court, you would be well within your rights to request that the judgment be vacated, or to file an appeal with a higher court. It is important to remember, though, that a divorce judgment is fairly unique in that related orders, such as for spousal maintenance or child support, would remain in effect pending your appeal or the resolution of the vacated decision.

If you have recently completed divorce proceedings and believe that an appeal is necessary in your case, contact an experienced Lombard family law attorney right away. The law provides a limited window in which to take action, so time is of the essence. Call 630-426-0196 to schedule an appointment with A. Traub & Associates today and get the help you need from a team committed to protecting your rights.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+12&ActID=2017&ChapterID=56&SeqStart=14900000&SeqEnd=15800000

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0