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Am I divorced? The judge signed the judgment for dissolution of marriage, but neither my husband or I did. Is it final?

Chicago, IL |

There was a petition for dissolution of marriage on file that I filed for that was referenced in the judgment for dissolution of marriage, but the judgment itself was never signed by either of us., just the judge. It also states that the judgment of dissolution of marriage and bonds of matrimony existing between petitioner and respondent are hear by dissolved. The last part in this judgment states, "Tis court expressly retains jurisdiction of this cause for the purpose of enforcing all of the terms of this judgment for dissolution of marriage, but the spaces for petitioner and respondent to sign are crossed out. The judge stamp and signs. There are no signatures on the custody judgment but the judges either, just her stamp no signature. What are my options?

Attorney Answers 5


  1. Best answer

    Did you show up on the date that the judgment was entered? If you did, the judgment is a final order. If you did not appear in court the day the judgment was entered and/or did not request that the court divorce you, then you should immediately consult with an attorney to review the court file.

    A judgment is the order of the court, not of the parties: the parties generally only sign a marital settlement agreement, not the judgment. Same is true for the custody judgment. The judge only sign the original judgment: the parties receive copies with the judge's unique stamp on it. The originals of all judgments are scanned in(can review in courthouse on computers available in clerk's office in Room 802) and are kept in the court file.


  2. The judgment must be signed by the judge. Your signatures are optional. The judges stamp is routinely used on copies. You can get the original file from the clerk's office and verify that the original was signed.

    Some documents are on micro-fiche. You can get a copy of the signed document at the clerk of the court's office at minimal expense.


  3. You are divorced. The Judgment for Dissolution of Marriage requires the judge's signature but not the signature of the parties.


  4. I agree with counsel. The judge's signature makes the divorce an official order of the court.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


  5. You are divorced; the Judge's signature is the only one needed to be on the Judment to make it effective. If there are terms of the Judgment that the other party is not obeying a Petition for Rule to Show Cause is possible to enforce the Judgment. Do you not want to be divorced? The Judgment can be vacated by agreement or on Motion. Another option is to just get remarried if you don't want to be divorced. These detials should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

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