Legal Question in Family Law in Illinois
My husband send me divorce paper and accusing for mental cruelity. I have 2 kids ages 11 and 7 i dont know what to do he is the one who is emotional abuser for that reason i walked out of the house and moved to my mom's house. We are seperated since April 16 th 2010 but i sitll feel to mainain this relation and see if it works for atleast a year since we have two lovely adorable kids. I am not ready for divorce at this stage. What should i do and how can i prove what he accused at me is total lie? please help me. I dont want to go through courts and legal matters help me
2 Answers from Attorneys
You have to go through court. If you fail to file an appearance, your husband will obtain a judgment by default. He must allege grounds to obtain a divorce. Most lawyer think, and i agree, that mental cruelty if the least objectionable grounds for divorce. Do not concern yourself with that allegation. Concern yourself with protecting yourself and the kids in this situation. I might suggest you get help for yourself to see if and why you want to maintain this relationship, if, as you say, he is an abuser.
You must deal with the divorce papers you were served. If you are not sure how to respond, consult an attorney. If you simply ignore them, your husband will get a default against you.
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