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TR76

Member
What is the name of your state? IL

A friend of mine (really a friend, not me!) was served last night with divorce papers. In them, it states three main items that his wife is after:

Full custody of their 3 children
Maintenance because "she is not able to support herself" while going to school
Child support at the state level required

On the custody... does that mean until their initial courtdate in one month, she has primary custody of the children and can refuse him any visits with them? And also, does the fact that she quite often leaves the kids with her parents so she can stay out all night (and has been having an affair for quite some time, before they seperated and now) yet will leave work early to pick up her friend's children have any bearing on the court's decision?

On the maintenance... she works full time and has moved in with her parents. She was responsible for paying the mortgage on their home but instead, spent it gambling at casinos while telling her husband she was working overtime so it's being foreclosed on which means there will be no mortgage to continue with. Obviously he should have had more knowledge about his finances but hindsight is 20/20. Does this petition ensure maintenance for her or can he fight it in court and does he have to pay during these 30 days before the court date? Does everyone HAVE to pay maintenance to their spouse? She is set to inherit some $30k in May on her 30th birthday as well which she is trying to conceal...

Any information would be helpful. He is looking into attorneys now but I was hoping to get these few questions answere in the meantime.

Thank you.
 


TR76

Member
He hasn't yet because the first lawyer that his cousin referred him to is terrible - he said he got the feeling that all he is is a paper pusher, just wants the fees and doesn't care to fight for him. I found some more aggressive attorneys by way of our family lawyer for him to also consult with to see what seems like the right fit for him.

But in the meantime, I was just wondering about these particular issues.
 

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