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Note that answers given in this section cannot take the place of independent financial or legal advice. Please read our disclaimer.

"When does my Divorce Decree become effective? My fiancee and I are anxious to set a date for our wedding.  And what happens after the Divorce Decree has been entered?"

The Judgment for Dissolution of Marriage is effective when the judge signs the Judgment. Illinois does not have a waiting period for the Judgment to become effective, as some other states do. Frequently, when the parties have a signed Marital Settlement Agreement at the end of the uncontested prove-up, the court will enter the Judgment instanter, ie. the Judgment takes effect immediately. That decision is the judge's, but usually when both parties ask that the Judgment be entered instanter, the judge will do so. However, the judge may not agree to enter the Judgment instanter if the judge wants time to read the transcript (which may not be ready for a week to 28 days after the prove-up). Or the judge may not enter the Judgment if the parties have made substantial changes to their written agreement which are not reflected in the agreement, but are testified to by the parties during the prove-up.

When the parties do not have a written agreement, but can agree on the outstanding issues and ask the court to prove-up the matter, the court will not enter the Judgment instanter until there is a signed written agreement. The parties are bound by their testimony in court, but the written agreement may be more detailed than what the parties testified to during the prove-up. Then the Judgment is prepared by the parties' attorneys, who will use the transcript to aid them in preparing the Judgment.

If you obtain a default judgment against your spouse, the Judgment may not be entered at the time of the prove-up. A default judgment occurs when your spouse has been properly served (either personally or by publication), but fails to file an appearance or otherwise cooperates in the process. Your spouse will be given notice of the prove-up date, but no agreement can be presented to the judge because your spouse has not participated. At the end of the prove-up, the court will direct your divorce attorney to file the transcript and give notice of the filing and presentation of the Judgment to your spouse. Again, the time between the prove-up and the entry of the Judgment may take about 30 days. During this period, you are neither divorced nor free to legally remarry.

If you and your spouse cannot reach an agreement, the judge will conduct a trial and render the decision (Judgment). The decision may be given at the end of the trial when the judge gives an oral opinion, and then the divorce attorneys will prepare the judgment; or, the judge may issue a written opinion after the close of the trial. Again, once the Judgment is signed, you are free to remarry

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