Illinois Divorce Legal Questions

Yes, you can always settle your case and go into court to get the divorce finalized. It is usually the best way to go, as hostility eats at both parties. Almost always, the hostility ends because of exhaustion, rather than because one party wins over the other. So congratulations for going the pragmatic and sensible route. If you and your husband can get your issues settled, get an attorney to draw up a Final Judgment which incorporates the agreement and in which the Court will retain jurisdiction to enforce the agreement. Remember, a divorce is something to get through and behind you. There is life after divorce.... Read More

Your question is why does he tell you he wants a divorce? Ma'am, I have no way of answering this question. It isn't a legal question, but more of a therapeutic question. I encourage you to speak directly to him about this situation and if you have a legal question in the future, we will be happy to assist you. Otherwise, you can assume you are still married. HOWEVER, b/c you are in the Philippines, he may have already divorced you, which is why he doesn't bring it up any more.... Read More

Anonymous: It depends what is actually scheduled to happen next Wednesday. If it is a prove-up then one person does have to attend (the Petitioner, which I assume would be you as you described yourself as the Plaintiff in this matter). If you have an agreement worked out between your spouse, you must both have it signed and ready to present it to the judge. It is possible to achieve the prove-up with only one party present. If, however, the case is set to go to trial, then realistically, you both must be present. A trial is an adversarial proceeding, where each party presents certain facts to the judge for consideration. If only one party is present, the judge may enter a default and decide completely in favor of the party who is present. Of course, depending on the judge, the length of time the case has been in the system, and other factors, the judge may move it to the new trial date.   Please note that this response is for informational purposes only, and is not intended to be legal advice for you or your spouse, and it does not create an attorney-client relationship.... Read More

Anonymous: There are really two main issues here. The first is the contract with your lawyers, and the second is the progress of your divorce case. As to your contract, that is a private issue between you and your lawyer. Any contract or retainer agreement MUST have the fee structure laid out, as well as other pertinent information. If your contract did not have this piece of information, you may be able to avoid paying him/her at all. Obviously without seeing what the retainer agreement actually includes, it impossible to say what, or if, you'll have to pay. As for the additional of a second lawyer, that, too, should be laid out in the retainer. You generally should know if the attorney may bring another lawyer on board and what the fee will be. Since I don't know what the specific complexities of the case are, it's again impossible to say if two lawyers are really necessary. You may also certainly fire your lawyers if you wish and continue without them or with new counsel. Some people do wish to proceed on their own (pro se), while other hire a different attorney and proceed with him/her. You may also wish to dismiss the case if that's what you want.  It really depends on what you want. If the divorce is really in your best interests, then you may want to go forward in any way you can. Of course, you may decide it's in your best interests to wait, or possibly give your marriage another try.   This answer is for informational purposes only and does not create a binding attorney/client relationship.... Read More

Anonymous: In essence, yes, a judge can overrule a surgeon's note. In reality, however, it sound like it's not so much a matter of the judge overruling the surgeon as the judge refusing to alter the date of the trial, which of course conflicts with the surgeon's recommendations. I'm not sure what court or jurisdiction you're in, but most judges will not cancel or strike a trial date unless a new one is set. The judge's leniency on re-setting a trial date is largely dependent on how long your matter has been ongoing and its history.  You would likely be better served by motioning the Court to strike the trial date and have a new date set about two months out (or a date that will not conflict with your medical issues). Upon explaining the circumstances, the judge may work with you. If not, then you are essentially faced with a dilemma of making a choice between your legal issues and your pride. That's a choice you'll have to make.   This information is not intended to, and does not, create an attorney-client relationship. It is for informational purposes only.... Read More

Anonymous: The issue of whether or not to get a lawyer is always a tricky one for lawyers to answer. Generally, I would recommend that you have some form of representation if your spouse has a lawyer working for her own interests. It's always best to have somebody knowledgeable on your side regardless of the situation.  Even in a situation like this, where you state that there are no children or real property involved, it is possible that there are factors you have either overlooked or are not aware of, such as distribution of debts (an area that is often overlooked or not considered by Client or people handling their own divorces). Finally, I want to make sure that it is understood that this answer does not create any legally binding relationship between us.   Sven Sommers Law Office of Sven M. Sommers www.ssommerslaw.com  ... Read More