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How long can this drag on?

Taylorville, IL |

Wife filed for divorce, I filed, she stopped pursuing it, her lawyer dropped her due to no response,etc. My lawyer and I been 3 times for divorce, they keep putting it off to give her time to respond/obtain counsel. My lawyer asked for divorce by absentia, judge said no, put it off til 7/5. I want custody resolved and a divorce. Each time we go I miss work and it is costing me money. How long can this go on? She started the proceedings and then stopped. She has a man living with her, I just want the custody and divorce over with. How long can this go on? Do I have any rights her? Can she drag this out for years? Just because she does not seem to care, I do? What can be done to speed this up?

I received a good answer, no need for any other replies. Thank you

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Attorney answers 4

Best Answer
Posted

Every case has stages in the proceeding, and the judge is bound to comply with all the rules and procedures. If custody is at issue, such cases may often take a full 18 months to resolve. If a marital settlement agreement is presented that both parties agre is fair then the case will be quickly completed. Otherwise it depends in the stage of the proceedings and what your wife does next.

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.

Barry Cahn Boykin

Barry Cahn Boykin

Posted

To ensure fairness, because of the importance of the issues, the judge has to give your wife full opportunity to get counsel. Eventually she will have to find counsel or represent herself. The time frame you experienced is not unusual.

Barry Cahn Boykin

Barry Cahn Boykin

Posted

To ensure fairness, because of the importance of the issues, the judge has to give your wife full opportunity to get counsel. Eventually she will have to find counsel or represent herself. The time frame you experienced is not unusual.

Judy A. Goldstein

Judy A. Goldstein

Posted

Was a counter-petition for dissolution ever filed? If not, ask you lawyer to get permission and if granted, proceed on the counter-petition.

Posted

Your lawyer can adivise you about what steps to take

Asker

Posted

I appreciate that, but he hasn't' he just says we have to go back again on the 5th. No offense I knew it would be expensive, but $4000.00 later, I still have no resolution, no divorce and she still controls the visitation of my children. Its been six months and I just feel we should be closer to some type of resolution. My lawyer told not this time but last time that we would ask for a mediator, but since she did not show, we again are in the dark. I have the utmost respect for my attorney but Im not getting any answers here either. But thank you for responding.

Posted

First, you have an attorney, so we can't second guess what's going on. Second, even if you didn't, we'd need an hour or two to know, procedurally/substantively what's going on, before being any to advise you. Family law is complex, and in addition to statutory and caselaw requirements, your county also has specific customs regarding how it adjudicates divorce actions.

In short: Avvo is designed to point you in a general direction, but we're not mapquest - if that makes any sense. So if you're not happy with lawyer #1, then it may be time to look for lawyer #2.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

tell your lawyer to do the following: prepare a counter petition to dissolve the marriage and a motion for leave to file it. prepare a settlement agreement that does what you want. do a motion to set a trial on the issue of custody, to appoint a guardian ad litem to do a custody investigation and report to the court, to set a trial date on the non custody issues. getting these dates gives you and wife and ending date.

Posted

Honestly why would you post on here when you have a lawyer? We volunteer our time to help those in need . Go talk to the person you are paying AND who actually knows your case and all the facts involved.

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. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

Asker

Posted

You are really rude and if you saw the questions before you wasted your time to post, so basically its on you. Have a nice day.

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