Legal Question in Family Law in Illinois

My ex-wife claims her mother, who was served with a counter petition for divorce, never gave it to her. She also claims her mother never gave her the letter stating we were going into a default divorce without her. She lives with her mother now. Is that obstruction of justice? Also, I know she got them because we talked about it over the phone. What is her bardon of proof


Asked on 1/04/11, 2:26 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

She would have a heavy burden trying to vacate any judgment if it was entered more than 30 days ago. There is a strong presumption she received it. Her mother wukd have to be called bybher and she wold have to testify that she hid it. A judge would presume hertestimkny is biased. She had a dutybtonfollownher case, which she appeared not to do.

Read more
Answered on 1/10/11, 7:00 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois