There are a number of grounds on which a divorce may be filed in Illinois, one of which is considered to be irreconcilable differences. Commonly referred to as a no-fault divorce, irreconcilable differences are typically thought of as just that — irreconcilable. While divorce is generally a fairly permanent process, an out-of-state couple has some raising questions about what happens when those differences are reconcilable after all.
The couple finalized their divorce in 2014, but soon after decided that the whole move had been a mistake. When the couple petitioned the court to have their divorce vacated, they were denied the option. Pursuing the matter to their state’s Supreme Court did not help much. The court ruled that it simply did not have the legal power to undo a divorce.
It may come as a surprise to some that this is not the case in Illinois. As it stands, family law permits for a divorce to be vacated — or overturned — under various circumstances. There is often a time frame within which the request must be made, and both parties must be in agreement. Whether a couple’s specific circumstances warrant a divorce being undone is generally left to the discretion of the judge’s interpretation of both the law and the couple’s situation.
Just as most people walking down the aisle do not do so with the intent to divorce somewhere down the line, the vast majority of couples who decide to divorce do not anticipate reconciling with their ex-spouse. However, life is anything but stationary, and changes of circumstances between two people can cause a huge shift in ideas. Just as individuals in Illinois may petition the court to have alimony adjusted, a child custody order reviewed or the exact terms of a divorce settlement reviewed, so too can couples request that their divorce be vacated.
Source: Fox News, “Couple seeking to undo their divorce get turned down“, Dec. 26, 2015