Enrolling Your Out Of State Court Order In Illinois

July 6th, 2020 by Tiffany Hughes

Life is always changing and evolving and it can be very hard to predict (if not impossible) where you or your family will live in the future. If you have a court order such as a divorce decree (also known as a Marital Settlement Agreement or Judgment for Dissolution incorporating a Marital Settlement Agreement), Parenting Agreement or other court order that was entered by a court in another state or country, you are still able to enforce the Judgment here in the State of Illinois. So if you are planning on moving to Illinois or have recently moved to Illinois, it’s important to know the legal rights you have available to you for enforcement of court orders.

What Is a Foreign Judgment?

A foreign Judgment is any Judgment, decree, or order of a court of the United States or any other court which is entitled to full faith and credit in this State. It’s called foreign because it was not a court order that was entered by a Court in Illinois. However, you can enroll a foreign Judgment, such as your Judgment for Dissolution of Marriage, including any incorporated agreements, like a Marital Settlement Agreement, Allocation Judgment, and/or Parenting Agreements, whether from another State or country, in any county in Illinois that has jurisdiction.

How are Illinois Courts allowed to enroll a Foreign Judgment or Order?

The answer is The Full Faith and Credit Clause of the United States Constitution. The Full Faith and Credit Clause of the United States Constitution requires that States must recognize legislative acts, public records, and judicial decisions of other States within the U.S. The State of Illinois will enroll a Judgment issued by a court of another state if the foreign Judgment is properly enrolled here in Illinois. Judgments from other countries can also be enrolled in Illinois for enforcement, although Judgments from other countries are subject to further scrutiny and review by the Illinois Courts in determining the validity of the same. The attorneys at The Law Office of Tiffany M. Hughes are experienced in enrolling foreign divorce Judgments and all other court ordered agreements and enforcing them here in the State of Illinois.

How Can I Enroll My Out of State Divorce Judgment in Illinois?

You have to file a petition requesting that the Court in Illinois enroll the out of state court order. When filing your petition requesting the court to enroll your foreign Judgment, there are court filing fees associated with the filing and the petition must meet stringent notice requirements, such as drafting and signing an Affidavit, and serving all filed documents on the other party. If you are seeking to enroll a foreign child custody order or child support order, you will need to take additional steps beyond the above-referenced ones to properly domesticate these orders in Illinois and comply with the requirements of the UCCJEA and UIFSA, as well as Illinois law. It is critical that you work with the experienced family law attorneys at The Law Office of Tiffany M. Hughes to ensure your foreign Judgment or order is properly enrolled and enforceable here in Illinois.

Contact Us Today

We understand how difficult and complex the legal process can be. Here at The Law Office of Tiffany M. Hughes, our attorneys have vast experience enrolling out of state judgments and orders here in the State of Illinois and enforcing these judgments and orders against the other party. For more information on how the family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you enroll your foreign judgment in Cook, Lake, DuPage, McHenry, Kane, Will and surrounding counties, contact us today to schedule your complimentary consultation at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.