Legal Question in Family Law in Illinois

Hello, my name is April McKusker I am recently divorced. While I was in the hospital my exhusband started divorce proceedings against me. When I got released from the hospital I was on several different medications...I was suffering from severe migraine headaches. Jim my ex threatend me to go sign the divorce papers or he was going to kick me out of the house and take our daughter away...when I went to his lawyers to sign the papers I was under the assumtion that I could stay in the house because of our daughter and that we split custody of our daughter. His lawyer showed me were to sign and I did so. I'm still in the house and my ex and I fight all the time....he's been cheating for 7 yrs. I want to know if I can modify the divorce papers because I got nothing and we've been married since 1998 and he got custody of our daughter. If I would have known that he was asking for full custody I would of never signed the divorce papers. We live in Colona, Illinois. He's a control freek and he also filed eviction papers on me today, I haven't been served as of yet. If I can't have full custody of our daughter then I want joint custody and be able to take her out of state to visit my family in San Diego. Please help..I can't afford a lawyer and want to try to fill the paperwork myself.

Thank you for your time

April McKusker


Asked on 4/05/11, 10:53 pm

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

April, I'm sorry for what's happened, but I have nothing but bad news. You have 30 days from the day the papers were entered into judgment to vacate (in your case, August of 2010). After that, it's over and YOU CAN'T UNDO IT - including the issues regarding custody.

Next time, consider getting an attorney. Beg, borrow, steal - whatever you have to do to cover the retainer, do it.

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Answered on 4/06/11, 5:12 am


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