Responding to petition for divorce "relief requested"

[Dissolution]

What is the name of your state (only U.S. law)? Illinois

I was served with divorce papers, which were not unexpected, and am unable to retain a lawyer. I'll be filing appearance and answer to the complaint on my own, unless I can find a lawyer who will work on a consultative basis to help me along (no luck there yet).

Under the relief requested section, my husband listed "court shall make such order as may be just in reference to the debts of the parties."

A point of contention when we were attempting to come to an agreement are co-signed loans. Is the response the appropriate spot to request I not be held liable for certain mutual debts? How would I go about wording this?

 

[Dissolution]

Also, not related to the question, part of the notice states that under Illinois law I am not allowed to take our children outside state boundaries without prior permission. This wouldn't really be a big deal except I live right on the border and frequently take day trips with them to visit friends in another state or have dinner in a town right across the border. So, basically, I just need to get standing "permission" to do what I've always done.

At this point, do I contact him directly for permission or call his attorney's office to request it? I'm not sure how much contact I should be having with him directly at this point vs how much I should be directing to his attorney.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Illinois

I was served with divorce papers, which were not unexpected, and am unable to retain a lawyer. I'll be filing appearance and answer to the complaint on my own, unless I can find a lawyer who will work on a consultative basis to help me along (no luck there yet).

Under the relief requested section, my husband listed "court shall make such order as may be just in reference to the debts of the parties."

A point of contention when we were attempting to come to an agreement are co-signed loans. Is the response the appropriate spot to request I not be held liable for certain mutual debts? How would I go about wording this?

You can request it but why shouldn't you be held liable for certain mutual/marital debts? Overall, 50% of marital debt is your responsibility.

 

[Ohiogal]

Also, not related to the question, part of the notice states that under Illinois law I am not allowed to take our children outside state boundaries without prior permission. This wouldn't really be a big deal except I live right on the border and frequently take day trips with them to visit friends in another state or have dinner in a town right across the border. So, basically, I just need to get standing "permission" to do what I've always done.

At this point, do I contact him directly for permission or call his attorney's office to request it? I'm not sure how much contact I should be having with him directly at this point vs how much I should be directing to his attorney.

You can contact him directly. What exactly does that part of the notice state?

 

[Dissolution]

You can request it but why shouldn't you be held liable for certain mutual/marital debts? Overall, 50% of marital debt is your responsibility.

I didn't specify that these are educational loans. This isn't a debt for an "asset" that could have been sold. It's not exactly like I'm going to get any use from several tens of thousands of dollars in loan debt used to finance a degree and professional licenses.

You can contact him directly. What exactly does that part of the notice state?

Restraining both parties from removing any minor child of either party from the State of Illinois or from concealing any such child from the other party without the consent of the other party of an order of the court.

I take that to mean I am not allowed to take my kids outside the state.

 

[Ohiogal]

I didn't specify that these are educational loans. This isn't a debt for an "asset" that could have been sold. It's not exactly like I'm going to get any use from several tens of thousands of dollars in loan debt used to finance a degree and professional licenses.


Restraining both parties from removing any minor child of either party from the State of Illinois or from concealing any such child from the other party without the consent of the other party of an order of the court.

I take that to mean I am not allowed to take my kids outside the state.

Are you asking for spousal support from income due to the licenses for student loans? Even if the court orders your spouse to pay it, the bank/loan agency will owe you responsible. How long ago were these loans accrued? How long since the degree was earned?
The part you quoted refers to MOVING normally and not just dinner in another state. It can be applied to extended trips outside the state.

 

[Dissolution]

Are you asking for spousal support from income due to the licenses for student loans? Even if the court orders your spouse to pay it, the bank/loan agency will owe you responsible. How long ago were these loans accrued? How long since the degree was earned?

No, I am not.
Yes, I know they will.
Within the last 3 to 8 years.
Almost 3 years, with almost all of those years him being unemployed and/or us separated.

The part you quoted refers to MOVING normally and not just dinner in another state. It can be applied to extended trips outside the state.

OK, thank you. That's what I thought initially, but wanted to keep my bases covered. I was told (by an attorney friend that doesn't deal with divorce) that it quite probably also refers to taking them outside state lines at all.