Category: Divorce
12.3.25
Category: Divorce
Written by M.K. Clayton on 8.25.25
When going through a divorce, emotions often run high, and the legal process can feel overwhelming. But one thing that should never be overlooked is the importance of complying with court orders. Whether the order pertains to child support, parenting time, discovery obligations, or financial disclosures, ignoring or defying the court’s instructions can carry serious consequences. In Illinois divorce cases, noncompliance may lead to sanctions, potentially affecting not just your case, but also your credibility in the eyes of the court.
Court orders are legally binding directives issued by a judge. In a divorce proceeding, these orders can cover a wide range of issues, including:
Once an order is issued, both parties are legally obligated to follow it. That applies whether the order is entered by agreement of the parties, or whether the Judge issues the order themselves.
Failing to follow court orders in a divorce case doesn’t just frustrate the legal process, it undermines the fairness and efficiency of the system. Judges rely on both parties’ cooperation to make informed decisions that affect children, property, and financial obligations. Noncompliance can delay the proceedings, increase costs for everyone involved, and ultimately impact the final outcome of your case.
But more importantly, failure to comply with court orders has consequences. Illinois courts have tools to address this as codified in the Illinois Supreme Court Rules. For example, Illinois Supreme Court Rule 219(c) grants Courts the power to impose sanctions against a party who fails to comply with certain types of court orders.
Rule 219(c) gives courts the authority to issue sanctions against a party who unreasonably fails to comply with court rules or court orders related to discovery or pretrial procedures. Sanctions can be tailored to the severity of the noncompliance and are meant to compel cooperation while maintaining fairness to the other party.
Here are some examples of what courts may do under Rule 219(c):
See, e.g., In re Marriage of Cholach, 2024 WL 1956217 (Ill.App. 1 Dist.). For instance, if one spouse refuses to turn over financial documents like tax returns, bank statements, or business records, the court might prohibit that person from introducing certain evidence at trial, or even enter a ruling based on the documents provided solely by the other party.
Not every misstep will result in sanctions. The keyword in Rule 219(c) is “unreasonable.” Courts typically consider whether the party had a valid reason for the noncompliance, whether the failure was intentional or negligent, and whether the other side was prejudiced as a result.
For example, if you miss a deadline because of a medical emergency or genuine misunderstanding, and you promptly correct the issue, the court may be more lenient. However, repeated, or willful disregard for court orders, especially after warnings, is far more likely to lead to sanctions.
Cholach was a divorce case that lasted over four years before the divorce was finalized. A major reason for the long-lasting litigation was the Husband’s failure to comply with court orders. Husband had a pattern of refusing to comply with discovery requests or abiding by court orders to pay expenses or pay the Guardian ad Litem’s fees. The noncompliance with Court orders was so egregious that the Court held Husband in contempt of court and issued several body attachment orders: a body attachment order is similar to an arrest warrant, meaning that Husband could be arrested at any time if stopped by police.
The trial court granted Wife’s request for sanctions and found Husband in default in the divorce as a sanction for his conduct. Husband was barred from testifying or presenting evidence at the default prove-up hearing. At that time there was a body attachment in effect, so Husband did not show up to the Courthouse for fear of being arrested. Husband’s lawyer was not allowed to question Wife at the hearing as part of the sanctions against Husband. The Court ultimately entered a default judgment that set support, maintenance, allocated property and debts, and contribution to attorney’s fees, all without Husband being able to present any evidence or testimony.
The Husband appealed the trial court’s default judgment, claiming that the sanctions violated his due process rights. However, the appellate court affirmed the trial court’s order in its entirety. In upholding the trial court’s award of attorney’s fees, the appellate court specifically noted that Husband “caused this entire proceeding to be elongated by his unreasonable conduct and failure to cooperate, which has caused substantial additional time and expense to be incurred by [Wife] for legal fees which would have been unnecessary.” The appellate court held similar positions on each of the sanctions – Husband was at fault, and the sanctions were justified based on the evidence in the record. Husband’s appeal was denied, and he was forced to comply with the trial court’s default judgment.
The failure to follow court orders can have serious consequences in a divorce proceeding and can impact the outcome of the case. This case demonstrates the severe sanctions that are possible if a party unreasonably or willfully disregards a court order, especially there are multiple violations.
The best way to avoid sanctions is to:
Divorce is challenging, but following court orders is not optional, it is essential. Disregarding the court’s instructions can lead to serious sanctions, which may jeopardize your position in the case. If you are unsure about what a court order requires or whether you are able to comply, talk to your attorney right away. Being proactive, honest, and cooperative not only helps your legal standing, but it also helps move the process forward toward resolution.
Contact O. Long Law, LLC to speak with an experienced family law attorney who can answer your questions and ensure you understand your obligations as you move through divorce.
Category: Divorce
11.25.25