When Does Illinois Law Enforcement Get Involved in Family Law?
Posted on March 15, 2021 in Divorce
Before a divorce, it is a good idea to review and completely understand the entire divorce process, including the ways in which law enforcement could help to protect you should any rules, guidelines, or orders associated with the divorce decree eventually be violated. If that were the case, here are some ways law enforcement, with the help of your lawyer, can assist you to ensure a smooth divorce transition.
3 Ways the Sheriff’s Office or the Police Might Assist with Family Law
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Serving the Petition for Divorce—While it is true that your divorce lawyer will do all the preparation for your divorce petition if you are the one filing the petition, someone must deliver it to the other spouse. This cannot be done by just any person; oftentimes, it must be someone who is court-appointed. In many cases, this can be the sheriff from the DuPage County Sheriff’s Office Civil Division.
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Serving a Post-Divorce Modification Petition—Whether the other divorced spouse is not keeping up their end of the bargain with regards to certain elements of the divorce decree or you both have agreed that circumstances have changed, such as your finances or something else, you will need to petition the court with your concerns. Depending on what the judge finds when reviewing your lawyer’s prepared petition, they might direct the sheriff’s office to serve a post-divorce modification petition to the other spouse explaining the situation and the next steps.
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Enforcing a Court Order—The divorce decree is a legally binding document; that means that it carries the full force of the law. If you find that the other spouse is neglecting to meet the obligations set forth in the divorce decree, including those related to child custody, property division, alimony, and child support, you are well within your rights to have your lawyer bring this to the court’s attention. If the judge approves, they may issue an order to the sheriff to enforce that particular part of the divorce. The sheriff then might issue a report to the area police departments about enforcing those orders. For example, law enforcement could assist with the supervision of parenting exchanges, or the seizure of marital property that one spouse has been ordered to turn over to the other.
Contact a DuPage County Family Law Attorney
Knowing that your divorce decree is legally enforceable, you can work with your Wheaton, IL divorce lawyer to ensure that your former spouse upholds its terms and determine when it might be necessary to request assistance from law enforcement. Call Andrew Cores Family Law Group at 630-871-1002 for a free consultation to learn what our experienced team can do for you and your family law concerns.
Sources:
https://www.dupagesheriff.org/Civil/
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000
