Legal Question in Family Law in Illinois

I filed for divorce and my husband is a lawyer that is going to represent himself and he doesn't practice divorce law. I hired an attorney. MY husband wants to meet with my attorney and myself in my attorney's office to talk about a settelment. My attorney told him that he needs to file an appearance in order to talk. My husband doesn't think that this is necessary. Is it?

Asked on 9/11/12, 4:35 pm

2 Answers from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

Listen to your attorney. He or she is correct. He is wasting his time and your money if he meets with your husband without an appearance on file,

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Answered on 9/11/12, 4:42 pm

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Technically it isn't necessary to have an appearance on file in order to engage in settlement negotiations. However, it is not in your interests to discuss settlement with your husband after he has announced that he will be acting as his own counsel because you will not be able to move forward with your case, i.e., holding him in default or requiring him to appear on any motions which you may want to file, if he doesn't file an appearance. If he's going to be his own attorney, your attorney is right to require that he file an appearance. The fact that your husband is reluctant to do so says that he has a different agenda than yours and is most likely trying to waste everyone's time while you run out of money. Good luck.

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Answered on 9/11/12, 4:54 pm

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