Regretfully, as far as Illinois is concerned - her conduct plays no part in the division of assets (Short of a dissipation situation), and might only play a part in the determination of custody. As for defamation/slander/libel; throw those ideas out, it has a 99.9999% chance of failing.
What you need to do is protect any joint assets, such as a bank account with a large savings balance, or anything either party could liquidate with little difficulty. Don't dissipate anything, just put it...
Can you argue to the court that he needs to contribute to household expenses while this matter is pending? Yes. Will the court grant that? Impossible to predict, especially based on one paragraph of information.
During a Divorce, under Illinois law, you can ask for temporary orders, to include spousal support, child support, and attorney fees. Some, like Chlld Support, utilize percentile guidelines (See ILCS 5/505). Others, like spousal support, are based on a variety of factors and...
Agreed. The court file should show what type of service was executed; substitute service, et. al.,
If service was made, they did what they had to do. So don't presume you're in the clear because someone didn't personally hand you papers; that's how people lose their homes. Contact your county bar association for assistance.
First, try contact Legal Aid, such as Cabrini Green Legal Aid. Removal is fact specific, and there's little that an online forum can assist with. Read 750 ILCS 5/609 (The removal statute) to see what the court is required to look at, and weigh that against the specific facts of your case.
Again, call every legal aid in the area to see if anyone can help you first before handling this on your own. God speed.
They can't proceed unless they've shown the court you've been served. Pull the file from the courthouse (or call the clerk) to see if any "affidavit of service" was filed on the court. Small claims, depending on the county, may only require certified mail.
Hopefully your contract addresses this. I never take a case without 1) a contract, 2) a face-to-face consult, and of course, 3) a retainer. During the consult, I ask the client what their expectations are, and I make clear to them a) what the law allows me to petition for, and b) that I can't promise any outcome except death & taxes.
Each attorney runs their business as they so see fit. So do not take what I do as the "end all be all." If you're not sure, give him/her a call. A 5 minute...
Until someone files something in court, there's nothing anyone can do for you. If a divorce pleading is filed, in Illinois we have an automatic stay provision, but on top of that usually the parties will either agree to how the house bills should be taken care of (at least temporary) or the judge can enter an appropriate order. Big temptation during divorce for an angry spouse to "accidentally" let a home go into foreclosure or not pay property taxes.
If you feel things may escalate to a...
Court has no jurisdiction over the mortgage holder, ie the bank (or whoever). So judge can get ex off title, but only bank can allow him off mortgage. Often times when we try to settle it, we try to get the parties to at least try to refinance it or otherwise release (in this case) the ex from the mortgage - and at a minimum have him indemnify you if he can't.
Talk to a family law attorney in your area for specific guidance.