Legal Question in Family Law in Illinois
I was divorced in Sept 2010 with a contested divorce...in Mar 2011 I received a notice to appear to reopen the divorce claiming fraud on my part....we agreed on everything and she went into my attorneys office and signed the papers & the divorce was finalized...this was dragged on & on with her atty not sharing what they wanted...I have honored our divorce agreement to the fullest as far as i know...yesterday i received a letter from my atty stating that he may have to act as a witness to my case & can no longer represent me & to seek other representation...they are stating that she wants maintanance in addition to more child support & her atty fees...are they allowed to reopen the divorce even though she waited so long to do this? I am struggling to keep my head above water now & can't afford anymore.
3 Answers from Attorneys
Its very doubtful that a court will allow her to reopen the property settlement. OTOH, child support is always modifiable and maintenance maybe depending on the circumstances. Unlikely she would get attorney's fees in either case. It sounds to me like your attorney wants to dump the case.
OTOH it could be she is claiming you hid something. Without more it is very difficult to answer your question. OTOH if you owe your atty $ him or her being subpoenaede as a witness may provide a justification for withdrawal.
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