Family & Safety

When a divorce case is final, the judge will sign the final divorce order, called a Judgment of Dissolution of Marriage/Civil Union. This document will include all the decisions made in the divorce case, including issues related to the division of property and debt, as well as the children.

If one spouse (non-compliant spouse) is not complying with this court order, the other spouse (enforcing spouse) should first try to work things out outside of court with the non-compliant spouse, to the extent possible.  It may be important to keep a civil relationship if possible, as when the spouses have children, they need to co-parent from now on. This might include informal communication, including conversations, but it is always best to confirm any new agreements in writing. If this does not work, the enforcing spouse can take steps to enforce the order.

The spouse who wants to enforce the final divorce order has two possible options when trying to force compliance with the order through the court:

• Motion to Enforce
• Petition for Rule to Show Cause

A Motion to Enforce is a motion filed in the same court as the divorce. It is a way to ask the judge to help “nudge” the non-compliant spouse to follow the divorce order. It is a more informal process that does not require service of process to legally notify the other spouse or presence at a hearing. It also does not require a detailed narrative of how the order was not followed. 

Because there isn’t any mechanism or way to ask the judge to punish the spouse for ignoring the divorce order through a Motion to Enforce, it may be an option in a divorce involving young children, where cooperative and friendly co-parenting may be at least an initial goal

Finally, it may also be a good option if it isn’t completely clear that there was no compliance with the order. For example, the order might be unclear, or a new circumstance has presented itself that was not outlined in the judgment. The order itself may need to be clarified by the judge.

Learn more about filing a motion.

A Petition for a Rule to Show Cause is a petition filed in the same court as the divorce that asks the judge to enforce the court's order through the power of contempt. In this, the non-compliant spouse will need to come to court and explain to the judge why they should not be held in civil contempt of court for violating the order. The judge can order fines, community service, payments, or time in jail if the non-compliant spouse is found in contempt of court. Before a judge can make this finding, they have to show that the non-compliant spouse’s failure to follow the order is willful.

Learn more about the Petition for Rule to Show Cause.

Yes. Learn more about enforcing or modifying a divorce order after a move.

Divorced spouses can learn more about enforcing their divorce judgment at:

• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/511 (enforcing divorce order)
• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/607.5 (enforcing parenting time)
• Illinois Marriage and Dissolution of Marriage Act,750 ILCS 5/505 (enforcing child support)
• Illinois Marriage and Dissolution of Marriage Act,750 ILCS 5/502 (enforcing property division)
• Illinois Marriage and Dissolution of Marriage Act,750 ILCS 5/508(b) (lawyer’s fees)

Generally speaking, getting a lawyer to help enforce a divorce order is recommended, as it can become complex quickly. Note that the Illinois Marriage and Dissolution Act provides that lawyers’ fees can be ordered to be paid by the non-compliant spouse if they failed to comply “without compelling cause or justification.” It may be a good idea to speak with a lawyer about whether the other spouse could pay their fees under this provision.

Note that a lawyer is also recommended in situations where:

• One spouse is represented by a lawyer: a pro se spouse is at a distinct disadvantage in a divorce if the other spouse is represented by a lawyer; or
• There is domestic violence involved in the relationship.

Use Get Legal Help to find a free legal aid organization or private lawyer.