Legal Question in Family Law in Illinois
Can I stop my attorney ex husband from subpeonia-ing information from everyone I have ever known and everywhere I have ever worked? The divorce was final in 2007. He is acting like a stalker.
1 Answer from Attorneys
Divorce courts retain "continuing jurisdiction" over divorce decrees and settlement agreements so that if they later need to be enforced against an ex- in default of any agreement, the court and its processes can help. So first the question is whether there is any portion of the divorce decree that you are in default of -- is there some money or support you owe or is he being asked for more money wondering where the money he may have had to give you went or is there some suspicion of a relationship where the divorce decree stopped maintenance in case you remarried..... If there are these kinds of things he may have the right to a reasonable amount of information. If you believe he is abusing the situation for no real reason and it's affecting your life you would have to go to court. Of course the people being subpoenaed have the right to independent counsel and to contest their subpoenas but that is a separate issue. The attorney who handled your side of the divorce may be the best one to contact for assistance.