Legal Question in Family Law in Illinois
My wife recently filed a case in Illinois state court asking for continuous support of spousal alimony after our divorce 2 years ago. I have been residing and working in another state and just received court paper few days ago regarding this coming court hearing in Illinois.
What should I do now if I am unable to afford to hire an attorney to represent me in court this time after I had spent more than $10,000 in our divorce 2 years ago?
Since I am unable to be in Court for this coming unexpected hearing due to travelling & work, how can I tell the Judge about this since I cannot telephone him?
How can I ask the Judge to give me more time to prepare for the response?
Can I give my friend a "power of attorney" to be in court for me and ask the Judge for more time so that I could prepare & be in court next time for the hearing?
Thanks so much for your assistance!
1 Answer from Attorneys
If you can't appear, and you can't get a lawyer - then no one else is allowed to speak on your behalf because they are not licensed to do so. Let me spell out the worse case scenario:
1) Your wife gets a default judgment on the petition
2) If the judge, after a 1-sided hearing, agrees, he/she can grant what your ex seeks.
3) You owe. Don't pay? Wages garnished, property taken, and possibly a warrant for your arrest. Yes, welcome to Illinois.
Reconsider your options before doing nothing. Best of luck.