Legal Question in Family Law in Illinois
My divorce trial is in six days. I cannot afford a lawyer. We have two kids and my husband is alleging abuse. I have requested documents and he has not produced them. Also, he has made requests after discovery closed. I need the evidence to defend myself. What will be covered at trial? What should I prepare for?
1 Answer from Attorneys
You might want to try a motion to continue trial with a separate motion to compel production of documents--both set for the day of trial (the other side's failure to respond being the basis of your motion to continue trial). If you served your document request prior to close of discovery, the other side should've responded. However, if you did nothing to follow up with the other side for answers (See IL Supreme Court Rule 201(k)), your motion to continue might be denied.
As far as the other side's issuance of discovery after discovery closes--I think you know the answer to that one.
I suggest that you file what you need to by tomorrow. Otherwise you may only be left with "Emergency Motions" as an option and then you have to prove that there is a true a emergency.
Note: courtesy copy your presiding judge with whatever you file. A common pro se mistake that will cause your motion to be stricken.
Best of Luck.