Legal Question in Family Law in Illinois

I have a friend that his wife has been cheating on him since the beginning of their marriage to include the time in which he was in Iraq. She called him (while he was in Iraq or Germany serving in the Army) and threatened to have an abortion, which he does not have any prove of, but however he returned the phone call threating her and she does have prove of that. She later had to have a DNA test to prove that the girl was in fact his daughter which is wither a year old or close to a year old. She didn't tell him that tid bit of information until after she filed for a divorce the first time 7/19/2010 which was filed as extreme mental crulety. She placed a plenary order of protection on him and had him arrested when he threw a stuffed animal at her 6/11/2010. She later told him if he'd come home to her she'd drop the protection order, she dropped it 3 or 4 days after he returned home which was around 7/29/2010. They have split up again and she has placed another order of protection on him and is threating him and going around telling everyone she is taking their daughter and running to Flordia. She has also claimed she has filed once again for a divorce. My question is there a way he could flip the divorce on her and win?


Asked on 11/30/10, 8:59 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

One does not flip divorces. If you are saying can he seek custody, of course he can do so. However he faces many obstacles, including his prior conduct, and the fact that he has not been in his child's life. If she has filed a case, she can not move to FL.

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Answered on 12/07/10, 10:03 am


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