Is Timing Really Everything?

 Posted on December 16, 2015 in Family Law

By Amanda Oliver

You are likely familiar with the old saying that “timing is everything.”  Well, in family law, like in life, that is often times true.  Decisions such as when to hire an attorney or when to file your motion can mean a sizable difference in the outcome of your case.

A great example of “timing is everything” is in the case of a “bad order.”  Often times people will be unhappy with a ruling that a Judge made in their case, but will fail to take measures to remedy it in a timely manner.  In most circumstances, a party has thirty (30) days to file a Motion to Reconsider a Court Order or a Motion to Vacate an Order that they believe was improperly reached.  Unfortunately, most parties are unfamiliar with that rule, and can get into a troublesome situation if they wait until the expiration of that thirty (30) day period before either contacting an attorney or filing the proper motion pro se.  (Note:  It is not enough to contact an attorney prior to the expiration of the thirty (30) day period.  The statute requires that the Motion be timely filed.)

Another example is in the case of a Motion to Vacate a Judgment.  Even though a party has substantially longer to file a Motion to Vacate a Judgment (as opposed to a temporary order), a party can miss their opportunity to successfully plead a Motion to Vacate if they wait too long to do so.

Nearly all motions that are reparative in nature require a party to bring them within a time certain.  That is why it is imperative that litigants contact an informed attorney when they believe that an order or Judgment was improperly entered or ruled upon, as their time to reverse same begins to toll upon the entry of that order or Judgment.

If you have questions about an Illinois divorce issue, contact the Skokie, IL family law attorneys at Weiss-Kunz & Oliver, LLC. Call 312-605-4041 to schedule an initial consultation at any of our four offices located throughout the Chicagoland area.