Chicago Legal Advocacy for Incarcerated Mothers & Chicago Legal Clinic, Inc. Default and Agreed...
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Transcript of Chicago Legal Advocacy for Incarcerated Mothers & Chicago Legal Clinic, Inc. Default and Agreed...
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