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How to “get rid of” an adverse order

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Categorized as Illinois Divorce, Illinois Family Law

In Illinois family law cases, sometimes orders are entered which are adverse to clients. Clients often ask if there are ways to get rid of an order. Sometimes, the answer is yes, but it is situational and the primary way to determine if the order can be removed depends upon how and why it was entered.

Agreed orders, those orders entered by agreement, generally cannot be vacated absent an extenuating circumstance. They cannot be appealed, because the Judge didn’t decide anything since it was an agreed order. Orders entered ex-parte, or without one of the parties present and without notice, can sometimes be vacated, depending upon the circumstances surrounding why the order was entered. If it was entered ex-parte due to a finding that allowed it to be entered without notice, then that reason alone would not be grounds to vacate it.

Orders entered by a Judge can be appealed, where leave is sought of the Appellate Court to change or modify the initial Court’s ruling, but the appeal has to be filed and noticed within certain statutory time frames in order for it to be appealable, and, except in certain circumstances, you must have a final order.

Finally, orders entered within 30 days can be vacated under circumstances that a Court deems “reasonable”. So, essentially, for good cause shown. This is up to judicial discretion.

If you are seeking to have an order vacated, it is always best to consult with an attorney because the circumstances of each order can be very different, and different rules will apply to each set of circumstances.

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