QUESTION

Is my original divorce complaint be amended and turned into a separate maintenance agreement instead?

Asked on Jan 07th, 2013 on Divorce - Illinois
More details to this question:
I filed for divorce in September. My husband never filed an answer or answer and counterclaim. Since then we've been trying to work things out.
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6 ANSWERS

Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL at The Ticktin Law Group
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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.
Answered on Jan 11th, 2013 at 12:08 PM

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You can file for a hearing to get spousal support. The original divorce complaint may not need to be amended.
Answered on Jan 11th, 2013 at 12:07 PM

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Family Law Attorney serving Brunswick, GA at Vincent D. Sowerby
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Go ahead and present your case to the court. By failing to respond, he waived his right to notice.
Answered on Jan 11th, 2013 at 1:59 AM

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The pleadings you filed are supposed to include a request for whatever orders you want the judge to enter. The petition doesn't "turn into" something else. If your husband has not filed a written response with the court you are entitled to ask for a default judgment. I suggest you hire a lawyer.
Answered on Jan 11th, 2013 at 1:59 AM

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Divorce & Separation Attorney serving Baton Rouge, LA at George E. Downing, Jr. Attorney at Law
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Your divorce paperwork is useless if the two of you have attempted to resume the matrimonial regime.
Answered on Jan 11th, 2013 at 1:59 AM

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If you do not want the divorce at this time, you need to inform that court that you are attempting to reconcile and request a case management date of 3-6 months away to track your progress.
Answered on Jan 11th, 2013 at 1:09 AM

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