How to Enforce Divorce Judgments in Illinois
Not having the other party in a divorce follow the terms set by the court and the agreements made is frustrating and upsetting, but you can do something to correct the problem. You can petition in court to have a part or all of a divorce judgment enforced in Illinois. You must follow all Illinois court procedures when petitioning for a divorce judgment enforcement or you risk losing the case.
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Instructions
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Visit the official website of the Illinois circuit court that issued the judgment. Locate the "Petition for Rule to Show Cause" and "Notice of Motion" forms. Visit the circuit court clerk's office in person to get the forms if necessary.
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Complete the "Petition for Rule to Show Cause." You need the names and addresses of both parties and the divorce judgment case number and date. Write the exact section of the judgment that you need to enforce and the violations. Include dates for each violation. Sign and date the form.
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Make three copies of the completed petition and the relevant judgment. Attach the judgment to each copy.
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File the original petition in the Illinois circuit court. Ask the court clerk to file stamp the other copies. Take the stamped copies.
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Complete the "Notice of Motion." You must include the petitioner and respondent's names and addresses; the case number; the date of the hearing and the assigned judge's name (if available); the courtroom number and location; and a summary of the enforcement action. Do not complete the bottom section, the "Affidavit of Delivery and Certificate." Make a copy.
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Attach the "Notice of Motion" copy to a stamped copy of the petition. Mail the notice copy and petition to the other party.
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Complete the "Affidavit of Delivery and Certificate" on the motion. Make two copies. Sign at the bottom.
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Attend the hearing on the assigned date and time. Bring the petition and notice copies with you.
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Tips & Warnings
Mail the notice at least one week before the court date to avoid having the case dismissed.
