Anderson & Boback Logo

How to “get rid of” an adverse order

Published
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.

Was this information helpful?

You May Also Like

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870