Legal Question in Family Law in Illinois
rights of the second spouse and child produced in the second marriage
I have been married to my husband for 3.5 years and we are expecting our first child. We were marriaged in Illinois but live in Indiana. I am his second wife and has a child from his first marriage, which lasted under 2 years and the divorce is filed in Illinois - so I do not know which state this would fall under. Unfortunately, the first wife continues to drag my husband into court for one reason or another, but primarily it's money related (although she makes well into the 6 figures and far more than my husband makes). She is always requesting copies of his W2s and any bank account in his name, plus any property he has. My question has many parts:
1) What are my marital rights as the current spouse, as it seems that she as the ex-spouse, has more marital rights to my husband then I do.
2) What rights will our child have over the ex-spouse and her child? Do I or my child have any recourse against the ex-spouse for consistantly taking my husband to court and having him pay court and attorney costs? She is interfering with mine and my child's rights to a financial security in this marriage. Is there anything I can do to stop her from constantly looking at our financials, demanding more money or taking him to court
1 Answer from Attorneys
Re: rights of the second spouse and child produced in the second marriage
First, there is little you can do about any of this directly. Any injury to you is not direct. Your husband, however, can take action to ask the court in IL to stop letting his ex-wife harass him. This kind of action requires him to detail her behavior since the divorce, and essentially tell the court, "Look, if she keeps wanting this information, and if the information is not showing I did anything wrong, please make her pay my legal fees."
From the sound of it, the ex is simply harassing your husband because your husband does not have an attorney in IL to stand up to her and has not been able to use the court system himself here to stand up to her.
If you would like more specific thoughts on the matter, or to inquire about helping your husband, feel free to call me. I have my information below.
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