Under Illinois law, as soon as the judge signs your divorce decree (usually at the Prove-Up), you are divorced. Legally, you are free to re-marry from that moment forward. However, it makes good sense to wait at least 30 days.
Your ex-spouse might try come back to court to un-do the divorce by filing what is called a motion to vacate. Maybe he or she did not participate and you got the judgment by default. Or perhaps your ex represented him or herself pro-se and didn’t like the outcome. In Cook County, and sometimes in DuPage and Kane counties, judges often allow people to un-divorce you for reasons that to me, seem flimsy and totally unfair. You'd be shocked to learn about what happened to a man who got divorced in Rolling Meadows recently. The catch is, this request to vacate has to happen within the first 30 days after the divorce was finalized or else it will be much more difficult. Should a judge un-divorce you and you have already remarried, you will have a sticky situation on your hands legally and definitely some explaining to do to your new honey.
Whether or not you are anxious to get married again or not, once you are divorced from your ex you probably will want to stay that way. Make sure that all legal requirements are met in finalizing your divorce, including the filing of the court transcript in Cook County after your divorce. If this is not done, the judge will have the right to un-do your divorce after 28 days.Your lawyer will make sure that all legal requirements are met, to get you divorced and to make sure that you stay divorced. For a confidential appointment to discuss divorce, call O’Connor Cadiz law. We are located in Schaumburg and Itasca, serving Cook, DuPage and Kane Counties.