Legal Question in Family Law in Illinois
My wife was ordered to go to mediation in reference to our request to modify visitation and child support with her ex husband. He was not exercising his visitation or paying support. I, as her step child was, the child's only father. An attorney was appointed and both parties attended. Both parties had to pay half of the fees. I paid my wife's half which either way is marital funds. Now I have filed for divorce and my wife is using that same attorney who was our mediator for my step daughter. Is this a conflict to respresent my wife against me when she was her mediator and has privileged information about our family? I have been told by an attorney that they wouldn't do it because if several reasons. However, looking for solid answer and maybe case law. This is in Illinois.
1 Answer from Attorneys
You should hire an attorney and discuss this with your attorney.