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 1.Special considerations when incarcerated 2.Exceptions to the incarceration rule 3.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: 1.Required Allegations, including grounds 2.Basic Facts 3.Request for Relief 4.Verification

6. Other Documents to File: 1.Coversheet 2.Summons 3.Affidavit of Military Service 4.Certificate of Dissolution 5.Application to Sue or Defend as an Indigent Person/CLSP Form 6.Appearance

7. Service 1.Service by Sheriff 2.Service by Special Process Server 3.Service by Publication

8. Time Frame for Default 1.Personal Service 2.Publication

9. Notice of Motion for Default 1.Notice of Motion 2.Certificate and Motion for Default

10. Judgment 1.Proposed default judgment. 2.Personal Service 3.Service by Publication

11. Obtaining the Court Date

12. Documents required for Prove-Up 1.Proposed Judgment 2.Petition for Dissolution of Marriage 3.Notice of Motion and Motion for Default 4.Proof of Service 5.Affidavit of Military Service 6.Certificate of Completion of Parenting Class 7.Court Reporter Form 8.Judge’s Information Sheet 9.Uniform Order for Support 10.28-day order 11.Order for Free Transcript

13. Conducting the Prove-Up 1.Preparing the Client 2.Soliciting the Testimony 3.What to do if the Respondent Appears 4.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. 1.Mediation 2. Focus on the Children/Children in Between

20. While Divorce is Pending 1.Temporary Orders 2.Petition for Temporary Relief 3.Basic Discovery a.Interrogatories b.Notice to Produce

21. Court Dates 1.Reconciliation Calendar 2.Pretrial Conference

22. Marital Settlement Agreement (MSA)

23. Joint Parenting Agreement (JPA)

24. Judgment for Dissolution

25. Additional Prove-Up Documents 1.Two-Year Waiver 2.Certificate and Agreement by Counsel

26. Conducting an Agreed Prove-Up 1.Stipulating to Signatures 2.Waiver of Transcript (if allowed) 3.Highlighting the Pertinent Portions of the MSA/JPA 4.Confirming knowing, voluntary agreement

27. Additional Documents 1.Quit Claim Deed 2.QDRO/QILDRO 3.Notice to Withhold Income for Support

28. Questions about Agreed Divorce?

29. Confidentiality Issues 1.Don’t assume addiction/incarceration is common knowledge 2.Relapse/Rehabilitation/Recovery information 3.Status as a pro bono volunteer

30. Responsibilities of Attorneys 1.Conflict checks 2.Provide full representation 3.Court dates 4.Withdrawing 5.Insurance 6.Phone/Address

31. Exit Ticket 1.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?

32. Questions and Evaluation