Divorce orders catch two parties in a state of flux. Money is coming in and going out. Kids are growing up. By the time a disagreement between two divorcing or divorced parties is brought to court, the issue is often resolved by not being relevant anymore. Legal issues that no longer have current relevant facts to consider are described as “moot” For an issue to be “moot” it “describ[es] a point or question that is subject to debate, dispute, or uncertainty, and typically used in legal contexts to refer to issues that are hypothetical or of no practical importance.” Black’s Law Dictionary (11th ed. 2019) In Illinois divorce cases, moot issues usually involve money owed that was paid months after it was due or parenting issues involving events that occurred long before the parties could get to court. Illinois courts are busy! They cannot deal with issues that are now irrelevant and are only hypothetical. “As a general rule, courts in Illinois do not decide moot questions, render advisory opinions, or consider issues where the result will not be affected regardless of how those issues are decided.” In re Alfred H.H., 233 Ill. 2d 345, 351 (2009) An issue in a divorce case may be moot…but it is still annoying. An Illinois divorce court’s declaration that an issue is moot will only encourage the offending party to fail to comply with orders and wait for the issue to become moot before the court can review their bad behavior. An issue being dismissed as moot can be overcome by invoking the doctrine of “capable of repetition, yet evading review.” “The courts in Illinois have held that where a case involves an event of short duration which is “capable of repetition, yet evading review,” it may qualify for review even if it would otherwise be moot. To receive the benefit of this exception, the complaining party must demonstrate that: (1) the challenged action is in its duration too short to be fully litigated prior to its cessation and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again.” In re Barbara H., 183 Ill. 2d 482, 491 (1998) Virtually every violation of an Illinois divorce court’s order can fall under this exception. Especially, if it has occurred more than once. Additionally, the issues that come up and (and then go away) in family law […]
