Motions to Vacate Illinois Family Court Judgments

Updated: Oct 18, 2026

In the intricate process of family law cases, orders and judgments can sometimes be swift, unexpected, and unfavorable for certain parties. Whether it's a default judgment due to missed court appearances or an unfavorable ruling that leaves you questioning the outcome, knowledge of your options for relief is crucial. In Illinois, three sections of the Code of Civil Procedure provide the main avenues: 735 ILCS 5/2-1301(e), 735 ILCS 5/2-1203 and 735 ILCS 5/2-1401. Understanding how these motions work can be the key to achieving a fair resolution in your family law case.

If you or a family member are seeking assistance with a motion to vacate, please call our firm at 312-965-5618 or book a free consultation online.

Motions to vacate are legal requests to set aside or annul a court judgment. In family law, these motions can be essential tools for divorcees and parents seeking to rectify judgments they deem unjust or reached in their absence. Illinois law offers different paths depending on timing and on how the judgment was entered: a motion within 30 days under 735 ILCS 5/2-1301(e) or 735 ILCS 5/2-1203, or a petition after 30 days under 735 ILCS 5/2-1401. Each has its own requirements.

For help with a divorce judgment or a related family court order, see Chicago divorce lawyer.

Timeframe: Section 2-1301(e) lets the court set aside a default before a final order or judgment. It also allows a motion filed within 30 days after entry of a final order or judgment to request that it be set aside. The decision is discretionary, and the court may impose reasonable terms and conditions.

Requirements: Under Section 2-1301, the moving party is not required to demonstrate a meritorious defense or a reasonable excuse for failing to timely assert such a defense. The focus is on whether substantial justice is served by vacating the judgment.

Applications: This section is often used in cases where a party wants to vacate a default judgment shortly after it has been entered. The court has broad discretion, and relief is not automatic. The court looks at whether setting the judgment aside serves substantial justice on the facts of the case, and it may attach reasonable terms and conditions.

Timeframe: Section 2-1401(a) provides a petition procedure for relief from final orders and judgments more than 30 days after entry. Under subsection (c), the general filing limit in 2026 is not later than two years after entry, subject to its listed exceptions. Time under legal disability or duress, or during which the ground for relief is fraudulently concealed, is excluded from that calculation. Subsection (a) expressly makes an exception for the Illinois Parentage Act of 2015. Subsection (f) preserves existing rights and methods for relief from a void order or judgment. Filing a petition does not itself suspend the judgment under subsection (d).

Requirements: To succeed under Section 2-1401, the petitioner must prove:

Applications: This section is typically invoked in cases where a party seeks to vacate a judgment after the 30-day period has passed. The burden of proof is higher, and the petitioner must provide a detailed affidavit supporting their claims.

Two recent orders of the Illinois Appellate Court, First District, show how judges apply Section 2-1301(e) to a motion filed within 30 days of a default. Both were filed under Illinois Supreme Court Rule 23. They are not precedent, but Rule 23(e)(1) allows orders entered on or after January 1, 2021 to be cited for persuasive purposes. The first is a civil case outside family law, and the second is a divorce case.

Baniassiadi v. Hyder, 2021 IL App (1st) 191872-U (March 25, 2021), was a civil damages case in the Law Division of the Circuit Court of Cook County, not a family case. The plaintiff obtained an order of default after presenting his motion earlier than the hearing date in his notice, without notice to the defendants, although he knew they had a lawyer. The court then entered a money judgment while the defendants' motion to vacate was pending. Because both motions to vacate were filed within 30 days, the appellate court applied Section 2-1301(e). It explained that a party moving under that section need not necessarily show a meritorious defense and a reasonable excuse, and that the overriding question is whether substantial justice is being done. It held that denying the motions was an abuse of discretion, reversed and vacated the defaults. Read the order.

In re Marriage of Parmar, 2023 IL App (1st) 211339-U (May 26, 2023), arose from a Cook County divorce. The husband had filed the case, but after his attorney withdrew he did not file his own appearance as ordered. Months later the court found him in default and entered a default judgment of dissolution with an allocation judgment and parenting plan. Within 30 days he moved to vacate under Section 2-1301(e), arguing that he had not received proper notice and believed the couple was reconciling.

The trial court denied the motion, and the appellate court affirmed, with one justice dissenting. The majority applied the substantial justice standard and pointed to the husband's notice of the case, his months without an appearance after his attorney withdrew and the years of earlier litigation. The dissent would have vacated the default. Both orders turned on Section 2-1301(e), not Section 2-1401, and show that the outcome of a 30-day motion depends on the facts. Read the order.

The primary difference between Sections 2-1301 and 2-1401 lies in their flexibility and rigor.

Grounds for Filing: A 30-day motion asks the judge to set aside or reconsider the judgment while the 30-day window is open. Section 2-1301(e) lets the court set aside a default, or a final order or judgment, on reasonable terms. Section 2-1203 lets a party in a case tried without a jury ask for a rehearing, a retrial, a modification or vacatur. A Section 2-1401 petition is filed in the same case after 30 days but is not a continuation of it. It usually depends on facts outside the court record, so Section 2-1401(b) requires an affidavit or other appropriate showing as to matters not of record. Section 2-1401(f) separately preserves the right to challenge a void judgment.

Time Limit for Filing: For a final order or judgment, section 2-1301(e) requires the motion to be filed within 30 days after entry; a prefinal default is addressed separately. Section 2-1401(a) addresses petitions for relief from final orders and judgments after 30 days. In 2026, section 2-1401(c) generally sets a two-year limit after entry, subject to its listed exceptions and excluded periods. Subsection (f) preserves existing rights and methods for relief from a void order or judgment.

Burden of Proof: The person asking for relief carries the burden under each procedure. On a 30-day motion, the moving party must persuade the judge that the judgment should be set aside or changed. On a Section 2-1401 petition, the petitioner must prove the grounds for relief, including a meritorious claim or defense and diligence. The burden does not shift to the other party.

Evidence Required: Section 2-1401(b) requires the petition to be supported by an affidavit or other appropriate showing as to matters not of record. Sections 2-1301(e) and 2-1203 do not contain that requirement. What the judge considers on a 30-day motion depends on the grounds raised and the record, so attach what supports the request.

Standard: On a timely motion under Section 2-1301(e), the court decides whether setting the judgment aside serves substantial justice, and it may impose reasonable terms. On a Section 2-1401 petition, the petitioner generally must show a meritorious claim or defense, due diligence in the original case and due diligence in filing the petition, as described above. Both decisions rest largely in the trial judge's discretion. The Illinois Supreme Court described both standards in In re Haley D., 2011 IL 110886, paragraphs 57 and 58 (official opinion).

In conclusion, while both motions seek to set aside an existing order or judgment, they have significant differences in terms of grounds for filing, time limits, burden of proof, evidence required, and standard of review. It is important to understand these differences in order to determine which motion is appropriate for your case.

For divorcees and parents navigating family law in Illinois, understanding when and how to utilize these motions can significantly impact case outcomes. Here are some practical tips:

Motions under 735 ILCS 5/2-1301(e) and 5/2-1203, and petitions under 5/2-1401, are the main ways to ask an Illinois court to set aside a family law judgment. Which one fits depends on how the judgment was entered and how much time has passed. Act quickly: the 30-day window closes fast, and a Section 2-1401 petition requires a stronger showing.

For guidance on your own judgment and deadline, contact Chicago Family Attorneys. The firm offers a free initial consultation for people considering hiring an attorney. Limited scope help is available: drafting a motion for you to file starts at $500, and one hearing appearance starts at $1,200. See limited scope fees. Call 312-965-5618 or book a free consultation online.

A motion to vacate asks an Illinois court to set aside a previous order or judgment. In family cases, it is often filed by a party who missed a hearing or did not appear, but either party can file one.

Timing decides the procedure. Within 30 days after a final judgment, you can file a motion under Section 2-1301(e) or, after a case tried without a jury, Section 2-1203. After 30 days, relief generally requires a petition under Section 2-1401.

Put the request in writing, state the reasons and the statute you rely on, and attach supporting documents. File it with the clerk of the circuit court and give notice to the other parties. A 30-day motion is noticed for hearing under Supreme Court Rule 11 and local rules. A Section 2-1401 petition requires notice by the methods in Supreme Court Rule 105, as Rule 106 provides.

Yes. A motion directed at a final judgment under Section 2-1301(e) or 2-1203 must be filed within 30 days after entry. A Section 2-1401 petition must generally be filed within 2 years after entry; time under legal disability or duress, or while the ground for relief was fraudulently concealed, is not counted. Section 2-1401(f) separately preserves rights to relief from a void judgment.

While there is no explicit rule against filing multiple Motions to Vacate, it is generally discouraged unless there are significant new developments or evidence that warrant it. Repeated filings may be seen as frivolous and could result in sanctions.

Once you have filed your Motion to Vacate, the court will review it and may schedule a hearing. During the hearing, both parties will have an opportunity to present their arguments and evidence. The judge will then make a decision on whether or not to vacate the previous ruling.

Usually, yes. When a timely post-judgment motion is denied, an appeal from the judgment includes the denial, and the 30-day deadline for a notice of appeal runs from the order deciding the last pending post-judgment motion (Ill. S. Ct. R. 303(a)). An order granting or denying a Section 2-1401 petition is appealable without a special finding under Rule 304(b)(3), and the deadline follows Rule 303.

Some common reasons for filing a Motion to Vacate in Illinois include newly discovered evidence, fraud or misconduct by the opposing party, and errors made by the court or legal counsel during the previous ruling.

No. You can file on your own. A lawyer can review the judgment, identify the deadline and procedure that apply, and prepare the motion or petition and the supporting affidavit.

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