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Chicago Legal Advocacy for Incarcerated Mothers & Chicago Legal Clinic, Inc.

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.

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Chicago Legal Advocacy for Incarcerated Mothers & Chicago Legal Clinic, Inc.

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  1. Chicago Legal Advocacy for Incarcerated Mothers&Chicago Legal Clinic, Inc. Default and Agreed Divorce Training January 16, 2013

  2. Are you a lawyer or a law student?Do you have any family law experience?What brings you here today?

  3. When to seek a divorce Special considerations when incarcerated Exceptions to the incarceration rule Waiting periods

  4. Default Divorce “A default divorce occurs when one spouse files for a divorce and the other spouse fails to respond to the filing.”

  5. Preparing the Petition for Dissolution of Marriage: Required Allegations, including grounds Basic Facts Request for Relief Verification

  6. Other Documents to File: Coversheet Summons Affidavit of Military Service Certificate of Dissolution Application to Sue or Defend as an Indigent Person/CLSP Form Appearance

  7. Service Service by Sheriff Service by Special Process Server Service by Publication

  8. Time Frame for Default Personal Service Publication

  9. Notice of Motion for Default Notice of Motion Certificate and Motion for Default

  10. Judgment Proposed default judgment. Personal Service Service by Publication

  11. Obtaining the Court Date

  12. Documents required for Prove-Up Proposed Judgment Petition for Dissolution of Marriage Notice of Motion and Motion for Default Proof of Service Affidavit of Military Service Certificate of Completion of Parenting Class Court Reporter Form Judge’s Information Sheet Uniform Order for Support 28-day order Order for Free Transcript

  13. Conducting the Prove-Up Preparing the Client Soliciting the Testimony What to do if the Respondent Appears Writ of Habeas Corpus Ad Testificandum

  14. Filing the Transcript

  15. Questions regarding default divorces?

  16. Divorce by Agreement

  17. Waivers of Service

  18. 13.3.1 Disclosure Statements and Supporting Documents

  19. Mediation2. Focus on the Children/Children in Between

  20. While Divorce is Pending Temporary Orders Petition for Temporary Relief Basic Discovery Interrogatories Notice to Produce

  21. Court Dates Reconciliation Calendar Pretrial Conference

  22. Marital Settlement Agreement (MSA)

  23. Joint Parenting Agreement (JPA)

  24. Judgment for Dissolution

  25. Additional Prove-Up Documents Two-Year Waiver Certificate and Agreement by Counsel

  26. Conducting an Agreed Prove-Up Stipulating to Signatures Waiver of Transcript (if allowed) Highlighting the Pertinent Portions of the MSA/JPA Confirming knowing, voluntary agreement

  27. Additional Documents Quit Claim Deed QDRO/QILDRO Notice to Withhold Income for Support

  28. Questions about Agreed Divorce?

  29. Confidentiality Issues Don’t assume addiction/incarceration is common knowledge Relapse/Rehabilitation/Recovery information Status as a pro bono volunteer

  30. Responsibilities of Attorneys Conflict checks Provide full representation Court dates Withdrawing Insurance Phone/Address

  31. Exit Ticket What is one new thing you learned today? What is one thing you still want to learn more about? Is there any part of the process that still makes you nervous? What is one thing about which you now feel confident?

  32. Questions and Evaluation

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