jerkedaround
Junior Member
What is the name of your state (only U.S. law)? IL
I was married in Jan 2007. In June 2007, my husband decided to move out and live in his own apartment. We tried counseling three times but never successfully; he would usually stop showing up after about three sessions. I finally gave up and asked for divorce last August (2009).
At the time, I had enough money to hire an attorney to write up divorce and settlement papers. He refused to answer my request so I filed my petition with the courthouse in September. Again, he refused to answer my request so I filed for a default order in October and it was approved. My attorney then gave him 30 days to respond before we went to court. 29 days later, he filed an appearance. Then my attorney signed papers to vacate the default order (without my permission). My attorney told me that as long as you respond within 30 days of a default order, judges do not require an excuse for missing the deadline.
After the default order was lifted, my attorney tried to find out what my husband wanted. After 3 weeks of no reply, I scheduled a hearing in December. However, 15 minutes prior to the hearing, my husband filed for court ordered counseling. I was opposed to it so the judge said we would have to schedule another hearing. We were supposed to have that hearing in January (2010). However, late the afternoon prior to the hearing, my husband withdrew his motion and cancelled the hearing. With all the back and forth between lawyers and delays, my bill is now more than $4,000. I simply can no longer afford an attorney so am going it alone.
I was ready to schedule another hearing, but my husband’s lawyer says they will contest it. However, my understanding is that he would have to respond to charges in my original petition or motion for cause if he contests. Neither of which he has done. Is this true? Or can he just say it is contested? I can’t even get him to tell my why he doesn’t want a divorce.
Also, if he does contest it, my best proof for my marriage conditions are the counselors we have seen. However, they will not testify unless they have consent from both of us and my husband will not sign a release form. They will testify if I get a judge to order it though. They told me they would not respond to an ordinary subpoena. How do I get this? Is there a motion I need to file?
I am getting tired of being jerked around and whatever help I can get would be appreciated.
I was married in Jan 2007. In June 2007, my husband decided to move out and live in his own apartment. We tried counseling three times but never successfully; he would usually stop showing up after about three sessions. I finally gave up and asked for divorce last August (2009).
At the time, I had enough money to hire an attorney to write up divorce and settlement papers. He refused to answer my request so I filed my petition with the courthouse in September. Again, he refused to answer my request so I filed for a default order in October and it was approved. My attorney then gave him 30 days to respond before we went to court. 29 days later, he filed an appearance. Then my attorney signed papers to vacate the default order (without my permission). My attorney told me that as long as you respond within 30 days of a default order, judges do not require an excuse for missing the deadline.
After the default order was lifted, my attorney tried to find out what my husband wanted. After 3 weeks of no reply, I scheduled a hearing in December. However, 15 minutes prior to the hearing, my husband filed for court ordered counseling. I was opposed to it so the judge said we would have to schedule another hearing. We were supposed to have that hearing in January (2010). However, late the afternoon prior to the hearing, my husband withdrew his motion and cancelled the hearing. With all the back and forth between lawyers and delays, my bill is now more than $4,000. I simply can no longer afford an attorney so am going it alone.
I was ready to schedule another hearing, but my husband’s lawyer says they will contest it. However, my understanding is that he would have to respond to charges in my original petition or motion for cause if he contests. Neither of which he has done. Is this true? Or can he just say it is contested? I can’t even get him to tell my why he doesn’t want a divorce.
Also, if he does contest it, my best proof for my marriage conditions are the counselors we have seen. However, they will not testify unless they have consent from both of us and my husband will not sign a release form. They will testify if I get a judge to order it though. They told me they would not respond to an ordinary subpoena. How do I get this? Is there a motion I need to file?
I am getting tired of being jerked around and whatever help I can get would be appreciated.
