Legal Question in Family Law in Illinois

I was granted a divorce in 2007, when I filed, I was pregnant, we got a divorce for irreconcilable differences, I petitioned and filled out the paper work myself, the judge granted the divorce. Was awarded child support today. Attorney who handled the child support case worked for the Department of Public Aide. Attorney also offered to fill out paper work for visitation rights for the father. Anyhow, I was nervous before this meeting, as the attorney kept bringing up visitation, and I am aware of the fact that visitation and child support are 2 seperate issues. Anyhow, I have a 2004 copy of ILCS, and I was browsing through it last night when 750 ILCS 5/452 D caught my eye, and my question is, was my divorce legal in the first place, and could he contest the divorce now if he so chose, or, could anybody else, and what does it mean if my divorce is not legal, should I do anything? The judge granted the divorce.


Asked on 8/20/09, 9:22 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Not to worry. When you appeared in court, the Judge "qualified" you based on your testimony. The section that you read only applies to Joint Petitions for Simplified Divorce and both parties have to appear in court and do all of the paperwork together, etc. It sounds likely to me that you got a default divorce based on irreconcillable differences or at least an uncontested divorce. Two years after the fact is too late to undo anything.

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Answered on 8/25/09, 9:41 pm


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