After you have been divorced, you then move to another county within the State of Illinois. Can you move your divorce judgment to the new county? The answer is, it depends.
In order for a person to proceed on post-decree modification or enforcement proceedings in a new county, the person must first register the divorce decree (judgment) in the new county. This is done by a certain filing in the new county, attaching a certified copy of the original judgment to the pleading and paying a new case fee. A new case number from the new county is then assigned. However, there are certain rules as to whether further proceedings can be held in the new county.
- If one or both of the parties still reside in the county wherein the judgment was entered or last modified, the modification or enforcement proceedings must be had in the same county.
- If both parties no longer reside in the county wherein the judgment was entered or last modified, the modification or enforcement proceedings can proceed in the new county.
- If only one of the parties still resides in the county wherein the judgment was entered or last modified and one of the parties does not reside in that county, AND if the matter involves a change in child custody, the court can, in its discretion, hear the change of custody case in the county where the minor child resides
So, for example, Husband and Wife are divorced in Cook County. Three years later, Wife moves to McHenry County. Husband continues to reside in Cook County. Wife now wants to file for an increase in child support and attempts to register the Cook County judgment in McHenry County. Even though the Wife and the children live in McHenry County, the case must continue in Cook County since the Husband still resides there.
If you have any questions about registering divorce judgments or any other family law related matter, please contact the Law Offices of Roger W. Stelk at (847) 506-7330.
