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My husband served me with a summons-dissolution of marriage-legal separation

Asked over 2 years ago - Louisville, IL

My husband served me with divorce papers through his attorney. I did not respond in time (foolishly) and have now been served with a Motion for Default and Notice of Hearing. I do not dispute the divorce but have been through an immense amount stress due to other issues in my life - no excuse, I know. I cannot afford an attorney because I do not work. We have three children and do not dispute custody. Thankfully, there are not alot of things we dispute and do still live together due to keeping our children in their home with as little disruption as possible. My husband makes a good living and has access to assitance from family members. How do I respond to this Motion for Default? Do I attend with a response to the judge regarding my situation? Any advice is greatly appreciated.

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Attorney answers (1)

Thomas Robert Siegel

Reputation Level 11

Answered over 2 years ago. Criminal Defense Attorney in Monmouth, IL.

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Ideally, I would recommend that you hire competent counsel to represent you in going forward with your case. If that is not an option, you need to, at a minimum, appear at the motion hearing. You really ought to have an answer to the complaint for dissolution drafted and filed as well. Unless you have experience doing this sort of thing, you may find this rather callenging. You really need to see if you can find someone willing to represent you. I would check with some of the legal aid/ legal services corporations to see if they might be willing to assist you.

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