Legal Question in Family Law in Illinois
Non cooperation in divorce proceedings
I am involved in a divorce in the state of illinois. My soon to be ex wife hired a personal friend and former employer to represent her in the divorce. My ex does not want the divorce to proceed, and her friend/attorney is making it impossible to gain headway in this matter. It has been 2.5 years. There have been nearly 20 continuances in this case. My attorney is losing money on this, as well as myself. How can I get the games stopped and proceed with this divorce? Can I approach the judge for some type of implemented structure on this case? Please advise.
2 Answers from Attorneys
Re: Non cooperation in divorce proceedings
I am somewhat confused by your question. You first claim your wife as your "soon to be ex" and then go on to say that she does not want the divorce.
Therefore, I am going to first start by saying that if she does not want the divorce, she can ask the judge to voluntarily dismiss her Petition for Dissolution of Marriage. This means that the case is over! Unless of course you have a counter-petition on file which would need to be dismissed also to make the case end.
As far as getting the case on track, the best thing to do is have a "case-managment conference" with the judge to set forth specific dates for closure of discovery, setting of trial dates, etc.
Hopefully this helps in your cause. Should you need any further assistance, please contact my office and we can schedule a meeting. (847-489-2248)
Michael Przybylski
Attorney at Law
Non cooperation in divorce proceedings
It is not the court which is delaying things, it�s your wife and her attorney. These delays can be stopped by having a specific date set for hearing on the issues (and for all other intermediate steps such as the close of discovery, etc.), and your attorney should ask the court for a case management conference or date setting hearing to get it. Although a continuance of the hearing dates and other dates could still be granted to your wife, it could only be done for good cause. And it�s difficult to get repeated continuances.