Contesting Inaccurate Affidavits

Summary

In Illinois, if you find inaccuracies in a respondents affidavit during a divorce, you can file a counter-affidavit. Clearly outline the inaccuracies, provide supporting evidence, and ensure submission before court deadlines. If the respondent is not following the parenting plan, options include filing a motion for enforcement, requesting mediation, or seeking modification of the plan. Document all instances of non-compliance for legal proceedings.

Full Conversation

I am going through a divorce and the judge asked for affidavits. I am the petitioner and I turned in my affidavit as requested. The respondent just sent me his affidavit and it is not accurate. How do I let the judge know that his affidavit is not accurate?
You can contest the inaccuracies in the respondent's affidavit by filing a counter-affidavit or a written statement with the court. Make sure to:
- Clearly outline the inaccuracies.
- Provide evidence or documentation supporting your claims.
- Submit this to the court before any deadlines.
Would you like guidance on how to prepare your counter-affidavit?
Yes, please and thank you
To prepare your counter-affidavit, consider these steps:
- Draft your statement: Clearly list the inaccuracies in the respondent's affidavit.
- Gather evidence: Include documents or evidence supporting your claims.
- Format correctly: Follow the court's guidelines for affidavit submission.
- Deadline: Submit the counter-affidavit before any court-imposed deadlines.
Would you like details on the specific formatting or submission process in Texas?
No, I’m in Illinois
Since you're in Illinois, here's what you can do to prepare your counter-affidavit:
- Draft Your Statement: Clearly list the inaccuracies.
- Gather Evidence: Include supporting documents.
- Format Correctly: Follow Illinois court guidelines.
- Deadline: Submit before court-imposed deadlines.
If you need specific guidance on the Illinois submission process, let me know!
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What are my options in Illinois if the respondent is not following the parenting plan that he and his lawyer put together
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In Illinois, if the respondent is not following the parenting plan, you can:
- File a motion for enforcement with the court.
- Request mediation to resolve disputes amicably.
- Seek modification of the parenting plan if circumstances have changed.
- Document all instances of non-compliance.
Would you like guidance on how to proceed with any of these options?