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Can divorce papers be signed if both parties agree after a motion of default has been filed by the petitioner?

Aurora, IL |

I am the petitioner of dissolution of Marriage(pro-se). My husband was in jail and did not appear in court. We assumed it would be granted. Judge ordered me to file a notice and motion for default. I did, and sent him certified mail with both documents. He is now out of jail, resides several hundred miles away and we both agree on the divorce. Is there any easy fast way to finalize the divorce without several courtdates?He is not contesting and not appearing in court,I am doing this on my own, We both want this done easily and quickly, Can he appears in court for motion for default and explains he is not contesting and in agreement to finalize the divorce? any other way to speed up the process?No children, no martial property, only small amount of debt to be split equally Kendall county IL

Attorney Answers 4

Posted

If you have sent a notice to your husband of your intent to seek a default and he does not appear in court on the date set for your motion, then he will be found in default and you can proceed with your default without him. He does not need to come to court but of course has the right to do so. Good luck.

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Will there be an additional courtdate after the default ? Can the judge order the judgement for dissolution the same day? I realize obtaining a lawyer is the best , i cannot afford one, but would like to be prepaired and know what steps i should be taking to speed up the process in correct order.

Asker

Posted

http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name I wish she spend more time on her client, instead commenting with no contents on avvo.com "go straight hire lawyer". Isn't this violation of attorney client privilege what you responded against your client? stay away Posted by a Divorce client, 11 days ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I do not recommend Judy Goldstein. I used Judy 6-12 months ago. Judy handled my Divorce / Separation matter. I have previously worked with no lawyers. She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a secretary who apparently does relay messages. Not trustworthy at all. Beware is all I have to say. She is in a hurry to bill you and bleed you dry yet she doesn't keep you informed unless you call the office and then you'll be lucky if you get a call back if you are leaving a message with that incompetent secretary...for the money she charges keeping clients posted should be a priority. Judy Goldstein Lawyer’s Comment: Stephanie was kept apprised of every aspect of her case. Letters went out. Telephone calls were placed. Voice messages were left. 9.5 months after her file was closed, Stephanie called at 6: 11 pm. the evening before and twice again on the Thursday before Labor Day weekend. She spoke to my assistant the first time and left a voice mail later the same day, demanding an immediate return call or she would file a police report. I was out of town and did not receive the messages until the following Tuesday but believed I would see her the following day. There was nothing that could have been done in the meantime. We substantially reduced Stephanie’s initial retainer as a courtesy. After her divorce was finalized, she had a relatively small balance but probably would not have had a balance had we requested our usual retainer. We billed her on a regular basis, as is our policy for all clients. Nearly 3 months after Stephanie’s file was closed, we placed our first call requesting payment of the balance due. 5 more calls went out over the next 5 months. We received no return calls. I guess that is what Stephanie refers to as “in a hurry to bill.” Stephanie’s divorce took about 6 months to complete which was quite reasonable considering she had children and a house which was sold. The duration of a case has no bearing on the amount of billable time spent. During the time we represented her, Stephanie called the office 7 times and each of her calls was handled but did not require a return call. Two of those calls were to schedule an appointment. Another was simply to report a change of address. Letters went out advising Stephanie of the progress of her case. I’m sorry that Stephanie is so unhappy with our representation. There is really nothing more we could have done for her.

Asker

Posted

http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name I wish she spend more time on her client, instead commenting with no contents on avvo.com "go straight hire lawyer". Isn't this violation of attorney client privilege what you responded against your client? stay away Posted by a Divorce client, 11 days ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I do not recommend Judy Goldstein. I used Judy 6-12 months ago. Judy handled my Divorce / Separation matter. I have previously worked with no lawyers. She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a secretary who apparently does relay messages. Not trustworthy at all. Beware is all I have to say. She is in a hurry to bill you and bleed you dry yet she doesn't keep you informed unless you call the office and then you'll be lucky if you get a call back if you are leaving a message with that incompetent secretary...for the money she charges keeping clients posted should be a priority. Judy Goldstein Lawyer’s Comment: Stephanie was kept apprised of every aspect of her case. Letters went out. Telephone calls were placed. Voice messages were left. 9.5 months after her file was closed, Stephanie called at 6: 11 pm. the evening before and twice again on the Thursday before Labor Day weekend. She spoke to my assistant the first time and left a voice mail later the same day, demanding an immediate return call or she would file a police report. I was out of town and did not receive the messages until the following Tuesday but believed I would see her the following day. There was nothing that could have been done in the meantime. We substantially reduced Stephanie’s initial retainer as a courtesy. After her divorce was finalized, she had a relatively small balance but probably would not have had a balance had we requested our usual retainer. We billed her on a regular basis, as is our policy for all clients. Nearly 3 months after Stephanie’s file was closed, we placed our first call requesting payment of the balance due. 5 more calls went out over the next 5 months. We received no return calls. I guess that is what Stephanie refers to as “in a hurry to bill.” Stephanie’s divorce took about 6 months to complete which was quite reasonable considering she had children and a house which was sold. The duration of a case has no bearing on the amount of billable time spent. During the time we represented her, Stephanie called the office 7 times and each of her calls was handled but did not require a return call. Two of those calls were to schedule an appointment. Another was simply to report a change of address. Letters went out advising Stephanie of the progress of her case. I’m sorry that Stephanie is so unhappy with our representation. There is really nothing more we could have done for her. Do not hire Judy Goldstein Posted by Frank, a Divorce client, over 1 year ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable AverageKept me informed Poor I do not recommend Judy Goldstein. I used Judy 1-3 years ago. Judy handled my Divorce / Separation matter. I have previously worked with 1-2 lawyers. Judy interviews well and comes across as folksy. Once you pay her retainer, however, you're in for a ride. She does not return phone calls yet charges you for leaving voice-mail. She does not explain her bills. She did not advance my cause. She charges for sending a monthly statement then charges to ask questions about the statement but does not address the issues. If you fire her she will attack with a vengeance and generate bills that even a judge cannot understand. I have personally witnessed Judy lie to a judge in open court in order to extract more money from me. Do not hire Judy Goldstein. Painful subject Posted by ANON, over 2 years ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I

Posted

judy is correct. however, another answer is for you to withdraw your motion for default, settle the case with your husband, have him file an appearance, conclude the case with your agreement.

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Posted

You start by having your husband file an appearance with the clerk of court. Then, on your default court date, ask the judge to set a prove-up date. Find out what papers you need him to sign.

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Posted

Your question points out the two different tracks that do-it-yourself divorcers often fall into.
Default allows the petitioner to get whatever judgment they have asked for in their petition, while an agreed divorce requires the participation of the respondent.

Your husband should appear and be prepared to file an appearance. This will allow the agreements that you have made with him to be incorporated into the divorce judgment. Generally, parties feel better about an agreed non-contested divorce than one entered
against them by default.

You are on the right track and almost there! If you have any questions, consult a qualified
attorney who practices in that area. Good luck.

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