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How do I expedite a court hearing that has been continued until September of this year?

Plainfield, IL |
Filed under: Divorce Alimony

My case is in Will County in the state of Illinois. My divorce proceedings started in August of last year. Custody was determined since the end of last year when I had an attorney. I have continued this case pro se because I ran out of funds since I have been paying for all the bills at my soon to be ex-wife's residence. I have payed the mortgage in full granted all properties and continue to pay for her car, my son's car, utility bills, medical, life, auto and home insurance, cable, internet, etc. I recently received a proposal where she agrees to accept all the property paid in full, accept the child support but still wants maintenance way beyond my means for 10yrs! Is there a way I can just counter propose a lesser amount in front of a judge and also expedite the court date?

Attorney Answers 4

Posted

If your spouse is represented and you are not, this places you at a great disadvantage in pursuing your goals of the case. Generally, the proof regarding maintenance is difficult, and the court may employ certain methods, called "imputing income" to establish an amount that may appear to be beyond the person's means.

The judge has no role in proposals or counter proposals apart from a pretrial conference--which will delay a matter rather than expedite a matter--and should be done with an attorney rather than pro se for the reasons just stated.

To simply expedite a case for trial, then a motion could be filed--or the other side may even agree! However, it may just expedite the case to the benefit of the goals of the other party.

The Will County Bar Association may be a good place for a lawyer referral

http://willcountybar.org/

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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Posted

There probably is no reason here to expedite this case and courts rarely do so. You really need representation. Saving money on a lawyer could cost you years and years of paying maintenance.

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Posted

If your case is set for trial, then it is highly unlikely you will get a sooner court date. The judges in Will County are booked solid. You are always free to make a counter-proposal. You do not gave to accept your wife's offer of settlement.

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Asker

Posted

this is not my response, but someone else has same opinion - stay away..... “stay away” Posted by: a Divorce client, 11 days ago. Client Review: 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... more http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name

Posted

You need to go to Illinois legal aid online. That site will help with finding sa legal aid lawyer or a legal clinic in your area. When you meet with them give them the facts the other attorneys tell you are missing from this request.

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