“ A motion is an application to the court for a ruling or an order in a pending case. Responding To Motions In An Illinois Divorce Is Optional “Every allegation, except allegations of damages, not explicitly denied is admitted” 735 ILCS 5/2-610(b) “Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates” 735 ILCS 5/2-610(a) The distinction between a pleading and a motion is important in an Illinois divorce because pleadings must be answered…or that pleading’s contents will be deemed automatically true by an Illinois divorce court. ![]() Pleadings Must Be Respondent To In An Illinois Divorce If the petition can’t be “independently filed” it’s probably a motion not a pleading. “As used in this Section, “pleadings” includes any petition or motion filed in the dissolution of marriage case which, if independently filed, would constitute a separate cause of action, including, but not limited to, actions for declaratory judgment, injunctive relief, and orders of protection.” 750 ILCS 5/105(d) The Illinois Marriage and Dissolution of Marriage Act provides examples of what can be a pleading in an Illinois divorce. Not much beyond a Petition For Dissolution of Marriage is a proper pleading in an Illinois divorce. The best example of a pleading in a divorce is the document that starts it all, the Petition For Dissolution Of Marriage. 2005)Ī pleading is a “cause of action, counterclaim, defense, or reply.” 735 ILCS 5/2-603 “A pleading…consists of a party’s formal allegations of his claims or defenses.” In re Marriage of Wolff, 355 Ill. ![]() There are two types of ‘prayers for relief’ in an Illinois divorce: pleadings and motions. Whether you must file a response to your opponent’s filing depends on what they filed. So, what must be responded to and what responses are optional in an Illinois divorce? This can cut down on unnecessary work and even give you the element of surprise in that your defenses and arguments won’t be revealed to the other side in advance of hearing. ![]() Some types of legal filings don’t need to be answered at all. It doesn’t necessarily have to be that way. In the course of an Illinois divorce, one side will file something and the court will order “21 days to respond to the filing.” Thus, every bit of work that one side in an Illinois divorce does creates work for the opposing side and raises the fees and stress in a never-ending battle of attrition litigation.
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