Motion To Enforce Vs. Petition For Rule In An Illinois Divorce

In the course of an Illinois divorce, orders get entered. Those orders govern temporary issues designed to facilitate the entry of the final order, the Judgment for Dissolution of Marriage. The parties to a case are then governed by the words of the written order. If either party violates the order, the other party has the right to return to the divorce court to ask that the order be enforced and that the order violator be punished. “It is an elementary principle of law that a court is vested with the inherent power to enforce its orders. Where a domestic relations order has been entered, the trial court retains jurisdiction to enforce its order.” Smithberg v. the Illinois Municipal Retirement Fund, 192 Ill. 2d 291, 297-98 (Ill. 2000)(Citations Omitted) This power of a court to enforce its orders lasts forever! “[A] trial court retains indefinite jurisdiction to enforce the terms of a judgment.” In re Marriage of Hall, 404 Ill. App. 3d 160, 164 (2010) (citations omitted) There are two distinct and different ways to enforce an order in an Illinois divorce court: 1) via a motion to enforce and 2) via a petition for rule to show cause (and adjudication on indirect civil contempt). Which is the appropriate vehicle for enforcing your divorce order and ensuring future compliance? It depends on the nature of the violation and the relationship you have with your ex-spouse. Motion To Enforce In An Illinois Divorce A motion to enforce is the simplest way to request compliance with an Illinois divorce court order. “A judgment of dissolution or of legal separation or of declaration of invalidity of marriage may be enforced…by order of court pursuant to petition…Any judgment entered within this State may be enforced…in the judicial circuit wherein such judgment was entered or last modified by the filing of a petition with notice mailed to the respondent at his last known address, or by the issuance of summons to the respondent.” 750 ILCS 5/511 A motion to enforce simply asks for a second order that the party comply with the first order. There is no punishment. No attorney’s fees. No jail time. This begs the questions, if the order violator is not complying with the first order why would they comply with the second order? There are many reasons to prefer this seemingly toothless enforcement method in a post-judgment divorce. \A motion to […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/motion-to-enforce-vs-petition-for-rule-in-an-illinois-divorce/