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Petition to Waive Statutory Waiting Period Required for Remarriage...

Illinois Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

Category:

Family Law - Marriage

State:

Multi-State

Control #:

US-01797BG

Format:

Instant download

Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Petition To Waive Statutory Waiting Period Required For Remarriage After Divorce?

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FAQ

Why is there a waiting period to remarry? Some states mandate a 30-day waiting period after a divorce is finalized. This waiting period often exists because former spouses typically have 30 days to appeal a divorce agreement after the divorce is finalized.

The terms of your Illinois divorce or parentage judgment were made based on the facts existing at the time of the divorce. So, the party seeking to change the terms of the judgment must demonstrate a substantial change of circumstances since the entry of the judgment.

In Illinois, there is no waiting period for remarriage after the entry of a court order dissolving the bonds of matrimony and stating that the parties are legally free to remarry.

In Illinois there is no waiting period to file a petition; however, a judgment may be granted once a party has resided in Illinois for 90 days.

Typically, the division of assets in a divorce case is final and ex-spouses cannot modify the terms of asset division. However, there are a few exceptions. For example, if you find out that your spouse was hiding assets or lied on his or her financial disclosure, you may be able to get the case reopened.

Final judgments can be undone for almost any reason?within 30 days. If you miss that 30 day window, you're out of luck. The divorce case is dismissed and you have to prepare and file a fresh new petition for dissolution of marriage.

Illinois family laws recognize that the circumstances of individuals change from time to time. For this reason, they allow divorcing spouses (or divorced spouses) to modify their marital settlement agreements after experiencing unprecedented, significant changes.

If the Illinois divorce judge does not rule in your favor, you are entitled to appeal that decision within 30 days of the final order (in most cases). You cannot immediately appeal any ruling by a divorce judge, however.

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