Will a judge here my petition/enter judgement on my behalf for my ex husband pension and our home even after 2 yrs. of divorcing

Asked over 1 year ago - Chicago, IL

My ex-husband divorced me 2 years ago without my knowledge, now he is petitioning the court for child support. We were married for 25 years which we shared a home and he has a pension. Can I petition the court during the child support hearing for QDRO and entitlement to our home? On the divorce petition he did not address these two items nor did I have a chance to because I did not get notice of his request for a divorce even though I was still in the home.

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need a lawyer. If you had no knowledge of the underlying divorce, you have a basis for having the entire divorce vacated. You cannot do this on your own. Hire a good attorney. There are many in your area.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You need to get a lawyer immediately. You were entitled to notice of the divorce under the law. He was supposed to have you served. You may be able to ave the whole divorce thrown out.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  3. David Matthew Gotzh

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am less optimistic. The burden is on you to prove you were never served. It's called a 1401 petition to vacate, and depending who your judge it, it's either an uphill battle or a near impossible battle. It also requires due diligence on your part.

    Why is this important? Because judge loses jurisdiction over marital estate 30 days after entry of judgment. So you won't be able to get "your share" of the assets, because the judge has already divided. And you can't undo that without an order vacating the judgment.

    So at this stage, you need an attorney, yesterday.

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