Can you give an example to show why its a good idea to wait to remarry in Cook County?

So here's what happened when a Cook County resident was, against his wishes, undivorced. His wife was served with divorce papers as Illinois law requires. Legally, she did nothing after having been served. The law requires that he wait 30 days before asking the court to give him a divorce based on default, because she did not come forward to participate in the divorce. He was given a court date to have the divorced finalized without her. A notice was mailed to her current home address (also in Cook County) advising her of that date, time and location that he was going to return to court have the divorce made final. He went to court and her name was called out in the courtroom for all to hear. She did  not come forward. She was not in court and did not hire a lawyer to be in court for her. I stood there wondering how a mother could ignore legal proceedings with custody and visitation of her two little kids at stake, even though I have seen it all before. The husband/ dad met all of the legal requirements to get his divorce that day and he was divorced. He was given a fair property/money division and the judge asked him good questions. The court was satisfied and he was also given custody of the couple's two young kids who were with him with visitation being given to the mom. Fast forward about 3 weeks and the wife hires a lawyer to ask for the divorce to be un-done to now give her a chance to participate. Had she been ill before? No. Out of town? No. Otherwise unavaiable or unfairly disadvantaged? No. Any reaon why she could not have participated in the time required of her by law? No. Did the law require her to participate in a timely manner? Yes. Did she? No. Did the judge allow her a second chance? Yes. Where did this leave the husband? Still litigating the case in court 5 months later and un-divorced, even though he did everything legally required of him. The moral of the story? Let the ink dry on your divorce papers if you were divorced in Illinois, and wait 30 days if you want to re-marry.It would have legally been much harder for he to vacate the judgment for divorce had she waited over 30 days. You just never know what can happen. Fortunately, this man had no plans whatsoever to remarry but had he wanted to, there is no guarantee that the court would have decided things any different in terms of re-opening the divorce. There are other legal reasons to wait a bit to get married again, though certainly there is nothing prohibiting one from getting married again right away after divorce, under Illinois law.

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation