Legal Question in Family Law in Illinois

Ex Parte means without notice, you weren't present. Difference is minor, but keep it in mind when talking to judge. Motion to vacate under 1301 is 30 days. If ex wants divorce, ex will eventually get it under some form of grounds - if you guys are dirt poor and there's no marital estate, why bother vacating? Nothing will change, and court generally doesn't care that much about grounds as it has no impact on the division of assets/debts/etc.

Do not know all the drama that's going on, but again, get a lawyer before you end up with sanctions filed against you for improper pleading/filing. Contact Lake County Bar for referral.

Or if it's not worth the trouble, just walk away and move on.

The date she left the residence is not relevant. That may not be the date of separation. Motion to vacate may well be denied. Case law clearly says parties can be living separate and apart in the same house.

I agree with both of the above answers. It seems, however, that you were well aware of the date of the proveup as you posted your question within days thereof. If you are upset with the division of assets contained in the Judgment then move to vacate the Judgment but don't think that will alter t he fact that your spouse has been granted a divorce. Even if you move to vacate the Judgment, it is likely that the court will only reopen the financial aspects of the case. If you have no objections to the financial division then let it go and move on. If your Wife testified at the hearing that she felt you were living separate and apart prior to the actual date that you moved out, that is sufficient to meet the mandate that the parties were "living separate and apart in excess of two years." No waiver was required.