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Who get(s) copy of filed Appearance form?

Chicago, IL |
Filed under: Divorce Divorce court

My husbands attorney is asking for my filed appearance form and inquiring if I am going to hire a counsel or pro SE in writing . Is it OK to reply to his attorney ? I do not have a counsel yet .

Attorney Answers 5

Posted

It is fine to talk to him. You are required to provide your appearance and any filings to the Court and to your husband's attorney. If you are going to hire an attorney, then simply let the other attorney know that you are. He shouldn't then discuss the matter in any detail with you, except to coordinate hearing dates if per chance you don't hire an attorney. If you don't file an appearance, then you can be found to be default. This means that your husband and his attorney can go to court without giving you any further notice and obtain judgment in your husband's favor. Hiring an attorney is your best bet!

Good luck.

This response is being provided for information purposes only and does not constitute an attorney client relationship. Furthermore, I am only licensed to practice law in the State of Illinois. While there are oftentimes similarities between States' laws, there can also be large differences. You should not rely on this response as legal advice and are highly encouraged to speak to an attorney licensed in your State for an accurate legal answer.

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Posted

Yes just do not delay! Get an attorney because you must file either your appearance or the lawyers appearance within 30 days of personal service of the divorce papers to you.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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Posted

Do not respon or file anything until you have obtained an attorney. You have no obligation to do anything, as it does not appear that you were ever served by an official process server. An attorney cannot serve you...nor can your husband. If you respond to the attorney without counsel, you are causing yourself significant damage.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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2 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

It does say either way so he MAY have been properly served we do not know that fact and if so when. He must proceed hastily to have a divorce attorney review the facts with him so he is not defaulted.

Luke D. Kazmar

Luke D. Kazmar

Posted

I agree with Ms. Raddatz in that we can't be certain if she had been served properly upon the facts provided--this is why Asker should consult attorney to verify this initial question. I did wish to point out that, as a matter of law "proper service of summons is a necessary prerequisite for in personam jurisdiction absent a defendant's general appearance before the court. If a defendant has not been served properly and has not appeared to defend in the cause, an order entered against her in the proceeding IS VOID ab initio REGARDLESS of whether she had actual knowledge of the proceeding." Charter Bank & Trust v. Novak, 218 Ill. App. 3d 548, 551-552 (Ill. App. Ct. 2d Dist. 1991)

Posted

It is fine to talk to him to answer that question.

Nothing more than that. Assuming you were served properly, filing your appearance is a very important step. It essentially is the form that says "I know there is a case pending with involved and I plan to respond to it." This form can be filed by either your attorney, once you hire one or yourself if you do plan to proceed pro se. But as my other colleagues have pointed out-- do not delay in filling out this form and filing it with the courts.

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Posted

If you have filed your appearance, your husband's lawyer is entitled to a copy. You are free to speak to the lawyer while you are unrepresented because you are acting as your own attorney. If you hire a lawyer (which you moist definitely should do,) then your husband's lawyer will be prohibited from speaking to you without the permission of your attorney,

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