Motions to Reconsider a Divorce Judgment in Illinois | Motions for Retrial in Family Law

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we explain motions to reconsider a divorce judgment in Illinois and motions for retrial in family law cases. We discuss the following:

• What is a motion to reconsider?;
• Grounds for a motion to reconsider in Illinois;
• What is the deadline to file a motion to reconsider in Illinois?; and
• Motions to reconsider vs. appeals in Illinois divorce.

For more on how to challenge a divorce judgment, check out our article: Post-Trial Motions in Illinois Divorce.

What is a motion to reconsider?

A motion to reconsider is a motion asking the court to overturn a previous order. While the motion is pending, the original order will generally be stayed, which means it is put on hold until the motion to reconsider is decided. Exceptions to this stay are:

• The parties will remain divorced; and
• Child support and spousal maintenance must still be paid according to the original order.

Grounds for a motion to reconsider in Illinois

The purpose of a motion to reconsider is not to allow parties to get a second bite at the apple, to raise new legal theories, or to raise new arguments based on…