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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2331
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I was a citizen of Illinois for years and my ex wife sued me

Customer Question

I was a citizen of Illinois for 69 years and my ex wife sued me for divorce while I was be held by United States Marshall service in Nevada for being scammed by son in law. What happened was I did not get released by the marshals until January 29 2013. The situation was I did not get out of the release until April 30, 2013. The divorce was almost finished at that time, I wasn't about to get an attorney in time to reverse the divorce, plus I live in San Bernardino, California 92404, and could not attend the divorce with an attorney. My biggest complaint is that they took all of my earned income Social security and my Bridgestone pension they left me penny less and cannot make it without any earned income, all I have left is my VA allotment to live on. Jon D McLaughlin said he loved to take a veteran. I feel that they used my VA allotment against me which is supposed to illegal in Illinois, please help me
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I was sued for divorce while I was being held by the United States Marshalls for my protection,I could not attend. My question. Is how can they take all of my earned income and leave me with nothing to live on. I am a disabled veteran and have no way of earning any money
Expert:  Steven K. replied 1 year ago.

I need a little more information. In which state was the divorce filed? When was the Judgment or decree of divorce entered? Were you personally served with the Summons and Petition?

Customer: replied 1 year ago.
I was a citizen of Illinois until I left my ex wife and she sued me in Illinois and the judgement was Alril 30, 2013, yeas I was served with a summons not sure about the petition
Expert:  Steven K. replied 1 year ago.

Relief from a final judgment should usually be brought within thirty days. Occasionally, there are reasons to bring such a motion after thirty days but within two years. However, the only way to vacate an order after two years is if the order was legally void.

Expert:  Steven K. replied 1 year ago.

The order would have been void if you hadn't been served with the summons or if the court lacked jurisdiction over you or over the divorce.

Expert:  Steven K. replied 1 year ago.

If you were living with your wife in Illinois at the time your marriage became irretrievably broken, then the court has jurisdiction over you.

Expert:  Steven K. replied 1 year ago.

And if your wife had lived in Illinois at least ninety days at the time she filed for divorce, then the court had jurisdiction over the marriage. Basically what I'm saying is that if you lived with your wife in Illinois at the time of your separation and your wife lived there for at least ninety days when she filed, the court would have had jurisdiction and the final judgment cannot be vacated at this time. On the other hand, if your separation occurred somewhere other than Illinois, or if she had moved away from Illinois, the court would have lacked jurisdiction and you could vacate the order. Unfortunately, since more than two years have passed since the judgment, there is no other way to stop the judgment. Do you have any other questions?

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