When Dishonesty Voids a Divorce Settlement Agreement

 Posted on October 17, 2025 in Divorce Litigation

Most types of divorce deception – like misstated income or an overlooked account – can be handled through a post-judgment petition. These mistakes may be intentional or nothing more than an accidental omission, and rarely make a huge difference in the outcome. However, in some cases, financial misconduct goes far beyond issues like this and is known as "fraud on the court."

This is not a common occurrence, but when it does happen, a judge can vacate even a final divorce judgment once forged documents or evidence tampering come to light. If you believe your spouse committed fraud on the court, an experienced Wheaton, IL family law attorney can guide you through the court process.

What Does "Fraud on the Court" Entail?

Fraud on the court encompasses conduct that not only hurts the opposing party but also "defiles" the judicial process. Fraud on the court is much broader than simply making false statements during a divorce; instead, it includes schemes intended to deceive the court itself. While it may seem odd to distinguish "ordinary" fraud from fraud on the court, the differences include:

• Ordinary fraud affects one party, while fraud on the court corrupts the actual judicial process.
• Ordinary fraud has a two-year statute of limitations, while fraud on the court can be raised at any time.
• Ordinary fraud requires proof of new evidence, while fraud on the court focuses on protecting the integrity of the court.
• Ordinary fraud is often remedied by reopening a judgment; fraud on the court can void a judgment in its entirety.

What Illinois Laws Govern Fraud on the Court?

The court’s power to vacate judgments obtained through fraud on the court comes from 735 ILCS 5/2-1401(f). In a 1990 Illinois case, the court recognized that fraudulent concealment of assets during a divorce can constitute fraud on the court. The Illinois Appellate Court held in 1986 that intentional misrepresentation to the court during a divorce justified vacating the entire judgment. Illinois Supreme Court Rule 137 permits sanctions for false pleadings or perjury.

What Are Some Examples of Fraud on the Court During a Divorce?

There are many different scenarios that constitute fraud on the court during a divorce; however, some of the most common include:

• Intentionally omitting accounts in a financial affidavit
• Forging a spouse’s name on property or loan documents
• Bribing or coercing a witness to lie
• Hiding evidence in collusion with a professional
• Deleting or altering discovery documents

How is Fraud on the Court Proven?

To definitively prove fraud on the court, the evidence must go far beyond mere negligence. Evidence must demonstrate intentional deception, deliberately aimed at misleading the court. That evidence could include altered document metadata or conflicting notary seals, emails, or texts admitting deceit, hidden assets discovered by forensic accountants, whistleblower statements, or subpoenaed financial data. The standard of "clear and convincing evidence" usually applies in these cases.

Swift Action is Important Even Though No Time Limits Exist

Illinois courts may vacate a judgment at any time once fraud on the court is proven. Delays in bringing evidence before the court can weaken credibility or even allow further asset dissipation. The court can potentially vacate an entire divorce judgment or only specific financial provisions if fraud on the court occurred. There may be a redistribution of marital assets or required restitution to the defrauded spouse. If perjury or forgery occurred, the court may hold the individual in contempt or provide a criminal referral for criminal prosecution.  

Contact a DuPage County, IL Divorce Lawyer

Fraud on the court is one of the few exceptions that can lead an Illinois family court to reopen a closed case. However, if a spouse’s behavior is so egregious that the process itself was corrupted, the court may reopen the case and vacate a prior decision. If you suspect your spouse hid assets, forged documents, or misled the court, speaking to a Wheaton, IL family law attorney from McSwain Rapp Law, LLC can help you determine whether fraud on the court was committed – and what you can do to restore fairness. To schedule your free consultation, call 630-581-2877 today.