Legal Question in Family Law in Illinois

Im going through a divorce with and 1 yr old and 4 yr old. I do not have an attorney yet. My spouse attorney says that I should waive my right to appear in court and it would make process faster. Won't that look bad on me?


Asked on 2/18/11, 12:33 pm

1 Answer from Attorneys

You should retain an attorney to protect your rights. The Court does not consider people representing themselves as somehow below people with attorneys - but you will have no idea about the applicable law, rules, and rules of procedure that apply in your case. The Court will not help you or give you advice on how to proceed, or whether a proposed settlement is a good deal or a bad deal. Waiving your right to appear essentially means you will potentially forfeit your case and have a very bad outcome. If what they really mean is "waiving service" by entering an Appearance, this is different. This means you waive the right to be served by the Sheriff or a private process server. This is frequently done in family law cases to avoid embarrassment or hassle. But one should never waive service without knowing what they are getting into. If you file an Appearance on your own (or sign one provided by your spouse or their lawyer) you are saying in essence that you represent yourself and they can then proceed with their case and serve court papers on you.

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Answered on 2/18/11, 2:14 pm


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