Legal Question in Family Law in Illinois

Re: Violation of divorce decree/Bankruptcy

Some of your questions really can't be answered without looking at your Judgment for Dissolution of Marriage. One thing I would do if you indeed have bankruptcy concerns is to record the divorce judgment or at least the part that pertains to what happens to the real property against the title to the house...that will protect that interest from being wiped out in a bankruptcy.

You need to file a Petition for Rule to Show Cause...it means you want to punish the former spouse for not following the court's order. Like anything, you surely can represent yourself but why risk it if there's a lot of money at stake. Also, if the wife is indeed violating the court's order this is something where you should be able to get your attorney's fees paid by the wife. It seems to me that the Judgment should have said she has to refinance within 90 days or the house gets placed for sale.

Off-hand, the only obvious hurdle would be if the former wife has a legitmate reason for not refinancing...i.e. she had a financial set-back. Then it could a while.