Legal Question in Family Law in Illinois
pending divorce papers
My boyfriends seperated from his wife and she filed papers in the county she resided in. He was not summoned or served papers because she stopped paying her lawyer and it has now been just sitting there pending for several months. what can he do to move the proceedings along? She has now moved to a different state with their children. Can she do this since she did file papers?
1 Answer from Attorneys
Re: pending divorce papers
From what you told me, the Petition would have been dismissed and nothing is currently on the court calander. What he needs to do is get an attorney to file a Petition for Dissolution as soon as possible to not only start the divorce process, but prevent the wife from "establishing" the new state as the children's state of residence and making it hard on your boyfriend to see the kids. It sounds like she is playing games, and your boyfriend has to be careful to prevent his loss of rights.
Feel free to contact me if you have any further questions, or want to start the divorce proceedings.