Legal Question in Civil Litigation in Illinois

Personal Property taken without permission

My husband walked out on me in April 2006 after 20 years of marriage and took our 10 year old daughter without my permission. We are in the process of a divorce, but, I have no income since I was a stay at home mom and having a difficult time obtaining a lawyer. My soon to be ex husband just notified me that he is NOT paying the rent for August and will be coming with a rental truck to take all of his things. Can he legally just come back to the apartment and clean me out prior to the divorce settlement?? The apartment lease is in his name only so he feels he can just come and go as he pleases.

He could care less that I have NO money for food, utilies, rent, lawyer, etc. My friends and family have been helping me the best they could... Please, I am desperate and I soon will be homeless and no where to turn to...

I have contacted every FREE legal counsel there is in Chicago and the waiting list for Section 8 is 5 -7 years!!! No one seems to care or want to help me!!


Asked on 8/01/06, 1:28 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Personal Property taken without permission

Hello. First of all you should go to Room 802 of the Daley Center and fill out a pauper form

in which you state that you are unable to pay

filing fees of the clerk. This will allow you to

file an appearance in the divorce case without paying the fee, if you have not already done so.

Secondly, you should change the locks on the apartment in my opinion since your husband no longer lives there. He has no right to come back and remove anything, under these circumstances, in my opinion. Further, I suggests that you contact the "clinical" department of one of the area law schools to see

if you can get help. Many times law students are allowed to work on cases for free to get the

experience and the schools operate a pro bono

legal representation program to assist people in your situation. I will be happy to answer any

additional questions that you might have. It is

very important that you file your appearance and

show up in court and if "hubby" is not giving you

notice of court dates, he will get into trouble with the judge!

Read more
Answered on 8/03/06, 8:14 am


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