Can drawing attention to the many motions filed on my ex-husband's behalf sway the court into not allowing this to continue?

Asked about 1 year ago - Mokena, IL

First, I cannot afford an attorney (if I could, I would!) that is why I am asking this site. I would like to bring a list of past motions filed to court In the attempt to help the court to understand that these motions for various items (ie tools, TVs, furniture, what is going on in my personal life...) that continue month after month for the past 7 years is effecting my family and my job. Our divorce degree states I have sole possession and he signed it. I would like to ask the court to be less lenient on these filings and I am hoping that this list would come in handy. I understand that filings can be made for anything but how can I get the court to limit these motions? Is there any way of getting this list from the court house on line or do I need to do it with copies I have?

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    10

    Answered . Both counsel gave you outstanding answers I highly suggest you retain one of these fantastic attorneys that way you can request legal fees and you will be protected, take good care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You should start asking for attorney's fees to defend his frivolous motions. You can bring a list of all his motions but the court already has that in its file and on the docket. The court really cannot stop him from filing future motions but can admonish him and order that he pay your fees.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  3. Judy A. Goldstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . Assuming you are in Will County, you can find a complete list of all filings and activity in your case by going to the online lookup at http://www.willcountycircuitcourt.com/. You will have to go to the clerk and seek a copy of the court file if you need and do not have the actual documents. The website has recently been revised to provide a great deal of information about cases. The court has no control over what and how often your ex files motions because the clerk takes in the motions and the court does not address them until the case is brought to the courtroom. Furthermore, the clerk does not have the discretion to refuse filings. However, you can seek to limit filings but this is not really something you can handle on your own. You say you cannot afford an attorney but if handled properly, it would cost you less than all the days off work you have had to take and could help you once and for all. Additionally, if what you say is true, and we have no reason to doubt you, there may be a possibility that you could seek an award of attorney's fees for the frivolous and expensive filings brought by your ex. However, you can't seek fees if you do not have an attorney. I hope this helps.

  4. Chen Kasher

    Contributor Level 15

    3

    Lawyers agree

    Answered . Illinois Supreme Court Rule 137 provides for sanctions "including attorney's fees." The court can sanction your ex-husband without awarding any fees to you. A sanction may be as simple as ordering him to pay the court a few thousand dollars for an improper motion.

    To prevail, you will need to show that his filings were for an "improper purpose." A good attorney will review his filings and cite caselaw or make arguments indicating that these filings were improper. For instance, is he continuing to file the same arguments that have been rejected? Are his filings too close in time, indicating a subjective desire to harass? Is he filing and then withdrawing, just to anger you?

    As another attorney opined, you really do need an attorney for this matter. Sanctions pursuant to Rule 137 are taken very seriously, and (in all likelihood), a pro se litigant such as yourself may not be able to meet her burden of showing your ex violated the rule.

    Feel free to contact me as well as the other attorneys who answered.

    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client... more
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