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  1. #1
    Join Date
    Jul 2014
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    Question Divorce Proceedings are at a Standstill - How to Get Them Back on Track

    My question involves a marriage in the state of: ILLINOIS (Cook County)

    Good Afternoon!

    My divorce is at a standstill (We are both pro-se) and I'm not sure how to get it going without hiring a lawyer. It has not gone to trial.

    First, a little background of how things have gone, and I'll try to spare any drama...
    My husband and I had been separated for about a year before he filed for divorce (Filed in Aug 2013). My husband was abusive but none of this is documented so I've been told that point is moot. We have three minor children. There is no actual custody order in place, but we have set up our own visitation schedule that is very flexible between our work schedules.

    So he filed. I was served - I filed my written appearance but not a response. They tried to file a motion for default but I talked to his lawyer who then allowed us 30 days to get my response in. There were no property issues (he took everything, but honestly I don't want anything...) - the only thing I asked for was residential control (joint custody). Our "hangup" was residential control. His counsel eventually quit (he couldn't pay them) and we continued going for "Status Calls" to check on how we were doing. They referred us to parenting classes, which we both took. They referred us to mediation, but by the time that date rolled around we had come to an agreement. We were supposed to be back for a status call mid-june but neither of us were able to attend. Since then, events have occurred that have made me seriously question my decision and I would like to file for primary custody and give him weekend (overnight) visitation of the oldest two (almost 7 and 5) and daytime weekend visitation of our 2 year old. We live two blocks away from each other.

    I guess I have a few questions here.

    1. How can I get the divorce process "moving"?
    2. Can I file for temporary custody while the divorce process is happening? What form is that for Cook County IL?
    3. Likewise, can I file for temporary child support? If I am taking on more days with my children I still need to work and will need to pay for a nanny/sitter/daycare.
    4. How do I change my answers on the written response I filed? Can I file a response again? Is there a form I need for that?

    If possible, I'd like to e-file, but if necessary I can go down to the courthouse and do it myself.

    I know at this point I'm probably going to need an attorney. I'm hesitant though, because a) it's expensive and I make too much to qualify for a lot of low income programs and b) he tends to just agree with whatever I want to do.

    Thoughts?

    Thank you!

    -M

  2. #2
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    Default Re: Divorce Proceedings are at a Standstill - How to Get Them Back on Track

    Quote Quoting MMCDERMOTT
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    They referred us to mediation, but by the time that date rolled around we had come to an agreement. We were supposed to be back for a status call mid-june but neither of us were able to attend.
    Have you checked the status of the case since that time? Has anything else been scheduled?
    Quote Quoting MMCDERMOTT
    Since then, events have occurred that have made me seriously question my decision and I would like to file for primary custody and give him weekend (overnight) visitation of the oldest two (almost 7 and 5) and daytime weekend visitation of our 2 year old.
    It's fair to reconsider your position, but if you are going to abandon your settlement agreement (even if it was never formalized) and try to win primary custody I suggest hiring a lawyer. You say your husband usually agrees with you, but your history of the case suggests that this was previously a deal-breaker for him.
    Quote Quoting MMCDERMOTT
    1. How can I get the divorce process "moving"?
    Have you filed a counter-complaint, or is the case still moving forward (or, should I say, not moving forward) on the plaintiff's complaint, alone? What does the docket show about the case -- are you sure it's still an active case, following the joint non-appearance?
    Quote Quoting MMCDERMOTT
    2. Can I file for temporary custody while the divorce process is happening? What form is that for Cook County IL?
    You can request whatever you would like to request, but if you've had a status quo of joint custody for two years I suggest having some pretty compelling evidence to justify such a dramatic change in the status quo.
    Quote Quoting MMCDERMOTT
    3. Likewise, can I file for temporary child support? If I am taking on more days with my children I still need to work and will need to pay for a nanny/sitter/daycare.
    If child support is warranted, given the split of custody and your relative incomes, then you can petition for a temporary support order.
    Quote Quoting MMCDERMOTT
    4. How do I change my answers on the written response I filed? Can I file a response again? Is there a form I need for that?
    You're talking about your answer to the complaint? See this explanation of pleadings, esp. Sec. 7.76 (starting at page 7-45).
    Quote Quoting IICLE
    The Code of Civil Procedure allows for amendments of pleadings at any time before final judgment with leave of court and on just and reasonable terms. 735 ILCS 5/2 - 616(a). New parties may be added, new causes of action may be pleaded , and new defense s may be asserted. The right to amend is not absolute; rather, it rests within the sound discretion of the trial court.

  3. #3
    Join Date
    Jul 2014
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    2

    Default Re: Divorce Proceedings are at a Standstill - How to Get Them Back on Track

    Thank you for the quick response!

    I have checked the case and the last thing on there was the Strike from the call from the judge who we were supposed to see for our most recent status call.

    I did file a response to his petition - it wasn't a counter complaint, just the "answer" that the judge had asked for. His petition had a numbered list of things and I had to respond to all of the things on his list. Most I agreed with but the custody thing and who the children currently resided with I changed.

  4. #4
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    Oct 2006
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    16,474

    Default Re: Divorce Proceedings are at a Standstill - How to Get Them Back on Track

    Quote Quoting MMCDERMOTT
    View Post
    Thank you for the quick response!

    I have checked the case and the last thing on there was the Strike from the call from the judge who we were supposed to see for our most recent status call.

    I did file a response to his petition - it wasn't a counter complaint, just the "answer" that the judge had asked for. His petition had a numbered list of things and I had to respond to all of the things on his list. Most I agreed with but the custody thing and who the children currently resided with I changed.
    I think that you probably need an attorney at this point.

  5. #5
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    Default Re: Divorce Proceedings are at a Standstill - How to Get Them Back on Track

    It is a lot easier to get a case moving on the docket when it's your case (as plaintiff or counter-plaintiff) than when you're a defendant. As a defendant you're a party to the plaintiff's case, and it's the plaintiff's responsibility to make sure it's progressing appropriately.

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