Legal Question in Family Law in Illinois

I am the respondent in a divorce proceding, pro se. She is the petitioner with a lawyer, yet, nearly a year in, her lawyer has yet to present any significant motions beyond requesting temporary custody, fees, etc. We now have a permanent custody agreement based on my submtting one to the court. As the respondent, how can I force her to stop the foot-dragging and bring closure to the property division and maintenance? I want this to be over, like yesterday.


Asked on 10/13/10, 3:01 pm

1 Answer from Attorneys

Ask her attorney to talk to her about where she wants things to head? Hire an attorney? As the court for a pre-trial? To advance the case for hearing? Too little information to really be helpful since you haven't said whether all of the other "little" details (maintenance, marital assets/home if any, car(s), health insurance, child support...) have been worked through. WIthout agreements on those matters, you're noplace unless you want a contested hearing.... And with that in mind, there are motions you can make to push things along, but remember, every good push deserves a shove in return. And if you have no final marital settlement agreement, the custody arrangement may not be "permanent" as you suggest, but the longer it goes on the more like a court is to confrim it as a working agreement. So as long as the to-be-ex is amicable and cooperative relative to the child(ren), that is a key component of your ultimate decree, and you've done better than a lot of other divorce litigants, but don't pat yourself on the back too soon. Things can turn sour quickly. Have an attorney at least look at the file and consult with you? You may be frustrated by the "process" but at least you don't sound as angry as you could become if things do head south......

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/19/10, 7:27 am


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