Legal Question in Family Law in Illinois

My sister found out that her attorney wrote a signed affiant affidavit which he submitted to the judge on her behalf. This attorney has been her 3rd in a terribly, we believe, mishandled divorce. My sister has suffered terrible abuse through her marriage which we are all a party to knowing, but it seems all of this abuse and continued abuse, through the divorce process from her ex husband, has been so suppressed and only discussed in the back room during .pre trial motions My sisters 3rd attorney has been a bit more compassionate to my sister and we are now wondering if any affiant affidavits have been written by her prior attorneys which could have been instrumental in how she has been viewed by the judge in past. It doesn't make sense to us that the abuse she has suffered in not included in court documents since her ex husband has been previously arrested for domestic violence. We wonder if my sister's prior attorneys could have written something to the judge which would have been somewhat detrimental to my sister? How can these affidavits be requested for her to see. Seriously, we remain in complete disbelief that a petitioner is not able to speak with the judge or say anything even with her attorney present in the courtroom without some kind of motion, which also limits what is said strictly to that particular motion, but an attorney can write whatever he wants to the judge with his client never being aware. We as her family want to help. Perhaps no prior affiant affidavits were ever written, but we need to find out fast. Thank You


Asked on 2/11/13, 11:53 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Her court file is public record. Legally the abuse she suffered is not relevant to the division of marital property and may not be relevant to the issue of maintenance, She has not right to speak to the judge about anything. The only thing she can do is testify when called as a witness. The reality is that is not a TV show. It is a legal system governed by rules that apply to all, including your sister. Stay away. If your sister does not like attorney #3 she can either represent herself or get attorney #4.

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Answered on 2/12/13, 4:19 am


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