Family & Safety

Depending on what the ex-spouse is trying to change in the divorce order, the process may be different. It’s important to note that some parts of the divorce order can be changed later, but others cannot. There may be different standards and circumstances that must be met to be eligible for a modification. Learn more about changing a court order for divorce.

Depending on what the ex-spouse is trying to enforce and how, there are different legal options for enforcement in Illinois. Learn more about enforcing a divorce order. 

Yes. If one or both ex-spouses have moved out of the county where the original divorce judgment was signed, then extra steps may need to be taken before the divorce order can be modified or enforced:

• If one ex-spouse remains in the original county, and the other ex-spouse moves to a different Illinois county: the divorce order must be enforced or modified in the original county. 
• If both ex-spouses have moved from the original county, or the county where the order was last modified: a proceeding to enforce or modify the order may be filed in or transferred to a county where either ex-spouse now lives.  

Either ex-spouse or a judge, on their own, can file a motion to move the proceeding to modify or enforce the divorce order to another county.  To transfer the divorce order from one Illinois county to another Illinois county, the ex-spouse must first get a certified copy of their original divorce decree from the circuit court clerk’s office in the county where they got the original judgment. Next, they should file a petition to establish the divorce order in the new county and attach the copy of the original order. They must send a notice of the filing to the clerk of the court where the original order was entered or last modified, in the same manner as notice is mailed when registering a judgment from another state. They also need to complete a summons to have their ex-spouse served.

Generally speaking, yes, a divorce decree from another state can be enforced in Illinois, but it must first be registered in Illinois. Learn more about the Petition to Enroll Judgment from Another State. Once the divorce decree has been registered, it carries the same weight as an Illinois judgment and can be enforced or modified using the same procedures. 

The exception to this is if the issue to be enforced or modified involves parental responsibilities (custody). In this case, the Uniform Child Custody Jurisdiction and Enforcement Act may apply. Learn more about interstate child custody cases.

In this scenario, Ex-Spouse B can enforce or modify the decree either in Illinois or in the original state where Ex-Spouse B lives, unless it involves parental responsibilities. In this case, the Uniform Child Custody Jurisdiction and Enforcement Act may apply. Learn more about interstate child custody cases.

To ask a judge to first formally recognize a divorce from another country before trying to modify or enforce an order, a case must be filed in Illinois. Illinois courts generally choose to recognize divorces from other countries, but they do not have to. It is recommended that a lawyer help with this process.

Enforcing or modifying a divorce order from a different country, state, or county can be a complicated process. You are not legally required to have a lawyer, but it may be helpful. The rules vary depending on the situation and the parts of the order you want to enforce or modify.

 You might consider contacting a lawyer for help with this process if:

• You are seeking to enforce or modify an out-of-state order, especially if it involves parental responsibilities (custody);
• You are seeking to modify or enforce an out-of-country order;
• There is a lot of conflict between the ex-spouses; 
• There is domestic violence involved in the relationship; or 
• The other party is represented by a lawyer. 

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