Chicago Legal Advocacy for Incarcerated Mothers&

Chicago Legal Clinic, Inc.

Default and Agreed Divorce Training

January 16, 2013

Are you a lawyer or a law student?

Do you have any family law experience?

What brings you here today?

When to seek a divorce

1. Special considerations when incarcerated

2. Exceptions to the incarceration rule

3. Waiting periods

Default Divorce

“A default divorce occurs when one spouse files for a divorce and the other spouse

fails to respond to the filing.”

Preparing the Petition for Dissolution of Marriage:

1. Required Allegations, including grounds2. Basic Facts

3. Request for Relief4. Verification

Other Documents to File:

1. Coversheet2. Summons

3. Affidavit of Military Service4. Certificate of Dissolution

5. Application to Sue or Defend as an Indigent Person/CLSP Form

6. Appearance

Service

1. Service by Sheriff2. Service by Special Process Server

3. Service by Publication

Time Frame for Default

1. Personal Service2. Publication

Notice of Motion for Default

1. Notice of Motion2. Certificate and Motion for Default

Judgment

1. Proposed default judgment.2. Personal Service

3. Service by Publication

Obtaining the Court Date

Documents required for Prove-Up1. Proposed Judgment

2. Petition for Dissolution of Marriage3. Notice of Motion and Motion for Default

4. Proof of Service5. Affidavit of Military Service

6. Certificate of Completion of Parenting Class7. Court Reporter Form

8. Judge’s Information Sheet9. Uniform Order for Support

10. 28-day order11. Order for Free Transcript

Conducting the Prove-Up

1. Preparing the Client2. Soliciting the Testimony

3. What to do if the Respondent Appears4. Writ of Habeas Corpus Ad Testificandum

Filing the Transcript

Questions regarding default divorces?

Divorce by Agreement

Waivers of Service

13.3.1 Disclosure Statements and Supporting Documents

1. Mediation2. Focus on the

Children/Children in Between

While Divorce is Pending

1. Temporary Orders2. Petition for Temporary Relief

3. Basic Discoverya. Interrogatories

b. Notice to Produce

Court Dates

1. Reconciliation Calendar2. Pretrial Conference

Marital Settlement Agreement (MSA)

Joint Parenting Agreement (JPA)

Judgment for Dissolution

Additional Prove-Up Documents

1. Two-Year Waiver2. Certificate and Agreement by Counsel

Conducting an Agreed Prove-Up

1. Stipulating to Signatures2. Waiver of Transcript (if allowed)

3. Highlighting the Pertinent Portions of the MSA/JPA

4. Confirming knowing, voluntary agreement

Additional Documents

1. Quit Claim Deed2. QDRO/QILDRO

3. Notice to Withhold Income for Support

Questions about Agreed Divorce?

Confidentiality Issues

1. Don’t assume addiction/incarceration is common knowledge

2. Relapse/Rehabilitation/Recovery information

3. Status as a pro bono volunteer

Responsibilities of Attorneys1. Conflict checks

2. Provide full representation3. Court dates

4. Withdrawing5. Insurance

6. Phone/Address

Exit Ticket1. What is one new thing you

learned today?2. What is one thing you still want

to learn more about?3. Is there any part of the process

that still makes you nervous?4. What is one thing about which

you now feel confident?

Questions and Evaluation