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MOTION TO COMPEL COUNSELING
COMES NOW, the Respondent Daryl JONES, by and through his undersigned attorneys, and files this his MOTION TO COMPEL MARRIAGE COUNSELING, in the above entitled cause and in support thereof respectfully states as follows:
1. The purpose of the IMDMA 750 ILCS 5/102(2)includes:
(2) strengthen and preserve the integrity of marriage and safeguard family relationships
2. Section 5/404(a) of the IMDMA allows Judicial requirement of marriage counseling:
If the court concludes that there is a prospect of reconciliation , the court, at the request of either party, or on it's own motion ,may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that Judicial district or at any similar facility where no court conciliation service has been established.
3. There is a reasonable prospect of reconciliation of these parties with counseling by a counselor whose goal is to save the marriage and has previously successfully saved marriages. Respondent will furnish alternatives of counselors with such a proven record.
4. The children of this marriage and society in general statistically are likely to be are harmed by this divorce if granted:
SOME IMPORTANT STATISTICS:
* 63% of youth suicides are from fatherless homes
(Source: U.S. D.H.K.S., Bureau of the Census)
* 90% of all homeless and runaway children are from fatherless homes
(Source: U.S- D.H.H.S., Bureau of the Census)
*85% of all children that exhibit behavioral disorders come from fatherless homes
(Source: Center for Disease Control)
*80% of rapists motivated with displaced anger come from fatherless homes
(Source: Criminal Justice & Behavior, Vol 14, p- 403-26, 1978
*71% of all high school dropouts come from fatherless homes
(Source: National Principals Association Report on the State of High schools)
*75% of all adolescent patients in chemical abuse centers come from fatherless homes
(Source: Rainbows For All Gods Children.)
*70% of juveniles in state-operated institutions come from fatherless homes
(Source: U.S. Dept. of justice, special Report, Sept 1988)
These statistics translate to mean that children from a fatherless home are:
*5 times more likely to commit suicide.
*32 times more likely to run away.
*20 times more likely to have behavioral disorders.
*14 times more likely to commit rape
*9 times more likely to drop out of high school.
*10 times more likely to abuse chemical substances.
*9 times more likely to end up in a state-operated institution.
*20 times more like to end up in prison.
5. The possible benefits to society, the parties, and their children of the counseling outweigh any delay in dissolving this marriage caused by counseling.
Wherefore, Respondent moves the court compel Petitioner (and Respondent)to engage in a course of marriage counseling with a counselor whose stated purpose is preserving the marriage and for such other relief the court deems just.
___________________________
Ronald L. Isaacs
Attorney for Respondent
_________________________
Respondent
VERIFICATION
The undersigned, being first duly sworn on oath deposes and states that the contents of the aforegoing document are true (except as to matter alleged to be on information and belief and those he believes to be true). ____________________________________
STATE OF ILLINOIS )
) SS.
COUNTY OF JACKSON )
AFFIDAVIT
I,______________________________, certify that I have read the foregoing document and that to the best of my knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or a needless increase in the cost of litigation. All facts plead therein are herein incorporated as if printed herein.
.
____________________________________
Subscribed and sworn to before me this __________ day of __________________, 2001.
____________________________________
Notary Public
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing instruments:
was served upon
by enclosing the same in an envelope addressed to the address as disclosed by the pleadings of record herein, with postage fully prepaid, and by depositing said envelope in the U.S. Post Office mail box in Carbondale, Illinois, on the 11th day of February, 2001.
______________________________
Ronald L. Isaacs
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
FRANKLIN COUNTY, ILLINOIS
insert case heading here
ORDER
THIS CAUSE having come on to be heard on the Respondent/husband, DARYL GENE JONES's Motion to Compel Marriage Counseling , and the Court having reviewed the pleadings and being duly advised in the premises FINDS that the Motion should be and is hereby GRANTED. Marriage Counseling shall be with __________________ serving as counselor and with the stated goal of preserving the marriage and will continue for a minimum of _______ sessions.
DATE:_______________________
________________________
J U D G E
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