Danville, IL asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois

Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage Counties, the new filing will be assigned to the original judge.

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