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  1. #1
    Join Date
    Aug 2008
    Posts
    4

    Default Statute of Limitations on a Divorce Judgement

    No lawyer yet so got a question for you all -

    Need to know if there is an SOL to divorce judgements in IL and if not can the judgement state something to the effect of: no other claims can be made to marital or premarital property on the basis of prior marriage after say 3 or 6 months?

    No kids, only assets and debt to write into the agreement, none of which we want to contest between the two of us.

    I want us to disclose as much as possible so there is no hidden property etc. so none of can say we were mislead and resurect the case. And i also want to put in the above to make sure we're 100% done in some defined amount of time.

    Actually second question comes to mind. Are these docs public. Can someone pull them up and see all my assets/debts? ways to hide?

    Thx

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Statue of Limitation on Divorce Judgement

    The docs are not public.

    Why not put something in like: "both parties swear that there are no other assets that are not listed in this document. No suits can be brought against one of the parties by the other regarding this case unless they can prove that the above averments are untrue."

    That way, you are totally covered. (unless you are hiding something) And the same is true for your stbx.

    Good luck.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statue of Limitation on Divorce Judgement

    Which documents aren't public? You should be able to keep settlement agreements out of the divorce judgment, making reference to an external document in the judgment, but typically anything you file with the court is a public document.

  4. #4
    Join Date
    Aug 2008
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    4

    Default Re: Statute of Limitations on a Divorce Judgement

    thank you both

    that is something i would really like to know -
    how to refer to some external sheet of assets/debts that wont get submitted along with all the filings for the public to dig into at some point

    on the first reply the intent is not to hide but to finalize (loosly said) make it as hard as possible to reopen any claims post judgement .. we're more than happy to disclose at this point as we know so much of each other .. the key is to get it done right and not worry about the wind blowing something back several years later

  5. #5
    Join Date
    Jun 2008
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    It depends...
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    Default Re: Statute of Limitations on a Divorce Judgement

    This doesn't make any sense to me.

    In Illinois, I don't believe the final judgment can be modified unless it can be shown that assets were hidden prior to the judgment. Even with the stipulation that no other claims can be made later, if it's later proven that assets were hidden, that stipulation may not be enforced.

    Experts, am I wrong?


    (btw, the tone of this thread sure sounds like, "I have assets hidden, and I need help in keeping them." Not judging, just making an observation.)

  6. #6
    Join Date
    Aug 2008
    Posts
    4

    Default Re: Statute of Limitations on a Divorce Judgement

    never mind the tone .. i've read enough posts on cases coming back to you years later and that is what id like to avoid .. very small chance at this point as we're on good terms but as complicated as the process is we may as well spent a bit more time to close any gaps

    on the keep it out of courts filing question - we simply dont want to have public record of our private stuff .. id hate to show up on google with a divorce record and on top of that a doc that would list my accounts and balances .. not to exaggerate but i think you get my point

    thx

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Statute of Limitations on a Divorce Judgement

    Quote Quoting queenie2
    View Post
    ...

    In Illinois, I don't believe the final judgment can be modified unless it can be shown that assets were hidden prior to the judgment. Even with the stipulation that no other claims can be made later, if it's later proven that assets were hidden, that stipulation may not be enforced.

    ...


    This is correct.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statute of Limitations on a Divorce Judgement

    Keeping personal information out of a court record is something quite different from concealing them from a spouse during divorce.

    You can probably enter into a settlement contract and reference or incorporate it into your divorce judgment without actually making it part of your judgment. Your divorce lawyer, if you have one, should be able to help you with the details.

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