Legal Question in Family Law in Illinois

Regarding Filing another petition for dissolution

To all the good Lawyers who are willing to Help!!!!!,

Let me first ad that we have two minor children involed. I did my divorce pro se, and filed it. I then, had my husband served (in New York City). He never answered the petition. I then set a hearing for judgement for default, because he did not reply. I was damn near thrown out the court by the judge, because she doesn't like pro se and my judgement was all wrong for her becuase she threw all these laws in my face that don't even apply. I all ready have a court order for support for the children and am receiving it. I spoke with my husband and he has agreed to a dissolution agreement. My question is do I have to refile and pay the filing fee again for a different type of petition? Is there anything you can help me figure out to help me in this situation?

Thank you.


Asked on 11/17/02, 5:10 pm

1 Answer from Attorneys

Zachary Bravos Law Offices of Zachary M. Bravos

Regarding pro se divorce litigation.

You say you were �almost� thrown out of court and did obtain an order for temporary child support. That tells me your case is probably still an active proceeding. If your original petition for dissolution has not been dismissed, you probably can pick up where you left off.

If your husband has �agreed to a dissolution agreement� have it reduced to writing and signed. Be warned, without legal advice, this �dissolution agreement� may not be good for you, the court, or the kids. I recommend you see a lawyer. I am further convinced a lawyer can help you based on 1) your inquiry as to whether you must refile and pay the filing fee; 2) your complaint that the judge �doesn't like pro se�; and 3) your statement that �she [the judge] threw all these laws in my face that don't even apply.�

In my experience, court are NOT prejudiced against pro se litigants, just frustrated with botched pleadings, procedures, and proofs. Courts are not generally allowed to help a litigant get things right, and don�t have time to educate laypersons on what it takes to proceed properly. The laws set out by the judge may apply or may not. A lawyer would know. What�s more, judges are frustrated that some pro se litigants take umbrage at the judge�s suggestion as to what is required.

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Answered on 11/19/02, 10:54 am


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