Enforcing Illinois Property Division Orders
Hold an ex-spouse in contempt of court when they don't comply with agreed-on property division.
In Illinois, property division is decided through an equitable division, a system with the goal of fairly dividing property and assets after a divorce. Once the judgment is rendered, the agreement has to be honored by both parties, regardless of how they personally unfair they may feel it is.
If you believe there is a mistake or contradiction in the ruling, you have 30 days to bring that to a court's attention, it will not be ignored or changed automatically. Often if circumstances change, it can be brought before a judge to modify the order itself.
Ultimately, if a spouse willfully disobeys the order, then that spouse is in contempt of court and there are a number of ways the court can enforce the property award including fines and even jail time.
If your spouse is willfully ignoring a court order, then contact an attorney to file for contempt of court.
For Immediate help with your family law case or answering any questions please call (312) 757-8082 now!
Frequently Asked Questions
How do I enforce a court order in Illinois?
The court enforces the court order for you. And for property division, you need to go back to court and have them make sure your ex followed the agreement. Issues that could need enforcement could be that they aren’t paying off a loan or that they were hiding an asset from you.
What happens if someone hides assets in a divorce?
If it is found that a party was hiding assets, the party that found it can take the other back to court. Depending on the severity, the person can be fined or forced to give all or some of the assets to the other party.
How to get a court order for property?
A court order for property is a part of all divorce cases. Marriage settlements should detail what needs to happen and who is responsible for each step. For example, if the house is going to be sold, then the settlement needs to outline who is selling it and who gets how much of the profit.
What is the penalty for contempt of court in Illinois?
If you are held in contempt of court in Illinois, you can be sentenced to jail time and be ordered to pay fines.