Legal Question in Family Law in Illinois

I have been trying to obtain a divorce from a woman from whom I've been estranged for almost eight years, due to many grounds, including adultery on her part. I live in Illinois, but she has usurped custody and guardianship of our nine year old son, and he has been living with her in Kentucky during this timetime. I pay child support, but don't get to see my son unless any sacrifices to be made are made by me. She has done next to nothing all these years to facilitate a healthy relationship between my son and me, and is actively impeding any and all of my efforts to obtain this divorce, while actively living an adulterous lifestyle with a man who just got out of jail last year. I seek a low cost or free divorce from her, as I have justifiable grounds, and feel she is at fault. I also have a very meager part time income, and seek relief for that reason also. What can I to help my situation?

Asked on 7/18/13, 11:06 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

While you may be able to secure a divorce on grounds of irreconcilable differences, IL may not have any authority to rule on custody/visitation issues. If you are paying support is it pursuant to a court or an administrative order. If a court order, what kind of case was it entered in. Was it a divorce case, a UIFSA case or n administrative case - each one has a different effect on what you can do in IL. But there is no question you obtain a divorce here. All custody and visitation issues may have to be reserved and dealt with in Kentucky.

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Answered on 7/18/13, 11:49 am

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