Legal Question in Family Law in Illinois

petitioner of divorce is now stalling.

Hi. My son's wife moved out in January and filed for divorce in Illinois in July. Now she is dragging her feet and refuses to let the divorce go to court and be finalized. Thinking the issue might be her wanting to use his health insurance for a longer period of time, he offered to let her anyway, but she refuses to say why she's stalled and refuses to let the divorce to on to court. His attorney there says there's nothing they can do...that it's up to her to go ahead and he just has to wait on her to agree. Can she keep this in limbo for years, as her atty. says? He has paid 1500 a month in child support for his 2 children since she left, and they sold their house in May and she kept all the profit. They don't have any assets to divide as it was all divided when she moved out. He's just tired of it dragging on and would like to get on with his life. Is there any way to move it forward that maybe his attorney and he are missing? Thanks for any help!


Asked on 11/16/05, 2:50 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: petitioner of divorce is now stalling.

Hello. I suggests that your son file a counter petition for dissolution of marriage here in Illinois. Then he can proceed on his own divorce action, without having to wait on his wife to proceed further. Otherwise, in my opinion, his lawyer is correct. He will have to wait until she makes the next move. Your son has been very fair and should not have to suffer further. I hope he is able to see his children. I will be happy to answer any additional ques-

tions that you might have.

Read more
Answered on 11/16/05, 11:55 am


Related Questions & Answers

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