Are There Statutes of Limitations in Illinois Family Law?

 Posted on April 30, 2025 in Divorce

A divorce may go relatively quickly if both spouses agree on all the decisions that must be made during the process. However, when there are disagreements about marital asset division, spousal support, the allocation of parental responsibilities, or parenting time, a divorce can drag out for months—or even years.

Other family law issues, such as determining paternity, can also take time. Most people are familiar with the concept of statutes of limitations in civil lawsuits and criminal prosecutions. A statute of limitations is the time limit a person has to sue based on the date the accident occurred.

Statutes of limitations can also be a time limit for prosecutors for various aspects of criminal charges. While family law issues do not generally have statutes of limitations, they can have time limits. If you have questions regarding how long your family law issues can legally take and whether time limits are involved, your Wheaton, IL family law attorney can help.

Which Family Law Issues Have Time Limits?

There are a few family law issues that do have time limits. Some of the most common family law issues that come with time limits include:

Time Limits for a Father to Contest Paternity

A father who is contesting paternity has only two years from the time he knew or should have known that he was not the child’s father. The only time the father may be granted an extension of time is when the mother refuses to participate in the DNA testing of the child.

Time Limits for a Petition to Vacate a Faulty Order in an Illinois Divorce

If one spouse wants to vacate a default or other order entered in an Illinois divorce case, he or she generally has 30 days from the entry of the order or judgment. However, in some cases a party may have up to two years, if the person seeking relief was under duress or a legal disability or if the ground for relief was fraudulently concealed.

Contact a DuPage County, IL Family Law Attorney

If you have questions regarding time limits for a family law issue, contact a knowledgeable Wheaton, IL family lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC. For your convenience, MKFM Law serves family law clients at three office locations in Kane County, DuPage County, and DeKalb County. Call 630-665-7300 to schedule an initial attorney meeting.