Legal Question in Family Law in Illinois
Motion to Contest a Divorce
I am in the process of a divorce that my husband has filed. I am trying to reconcile the divorce and am working with him on counseling. Someone has told me that you can file a ''motion to reconcile'' a marriage. Is this true? And what are the procedures?
2 Answers from Attorneys
Re: Motion for Reconcilliation Services
You can file a motion seeking conciliation services. Illinois law (750 ILCS 5/404) provides in pertinent part:
�Conciliation; mediation. (a) If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established.
(b) The facts adduced at any conciliation conference resulting from a referral hereunder, shall not be considered in the adjudication of a pending or subsequent action, nor shall any report resulting from such conference become part of the record of the case unless the parties have stipulated in writing to the contrary.
The court, upon good cause shown, may prohibit conciliation, mediation or other process that requires the parties to meet and confer without counsel.�
I note that your email contains the tile "Motion to Contest Divorce." A motion for concilliation services does NOT contest the divorce. Do not disregard the divorce case and its progress while you pursue reconcilliation.
Re: Motion to Contest a Divorce
Yes, you can file such a motion, however, the court will decide whether it will order the parties to do such couselling and he may choose against you.