Legal Question in Family Law in Illinois

Missing Original

My prove-up hearing is next week & the petitioner in my case notified me last night they wont be coming to court. They've more or less changed their mind & don't want the divorce. What happens if I go? Also, I only have a copy of the Judgment for Disillusionment. Will not having the original be a problem?


Asked on 6/12/09, 9:58 am

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: Missing Original

You're not only missing the original of your "Judgement for Dissolution", you're missing your case. If the Petitioner fails to showup, the case will be dismissed unless you file a Counter-Petition asserting your own grounds for divorce. If you want the divorce to happen, you need to quickly prepare your counter-petition, file it at the clerks office, and serve a copy on the other side. Take copies with you on your proveup date and ask to go forward. Generally, the court will accept a signed copy if the original is unavailable.

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Answered on 6/12/09, 10:06 am
Amil Alkass LAVELLE LAW, LTD

Re: Missing Original

If the Petitioner does not appear in court for the prove-up, the Judge will not grant the divorce. If you are seeking to finalize the divorce, then you will need to file a counter-petition for divorce and move for judgment on your petition instead.

Good luck

-Amil Alkass

[email protected]

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Answered on 6/12/09, 10:08 am


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