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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88353
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Last Monday I missed my court date due to medical issues and

Customer Question

Last Monday I missed my court date due to medical issues and did notify the court scheduler Friday before and she was to send the judge a message and she did. I am pro sei and notified my wife and her attorney also on Friday. It was a trial for dissolution for marriage. The next date is set for status on 5/8 per scheduler. Now I hear from wife's attorney the trial went forward and 5/8 is for the judge to render a letterof opinion. What does that mean?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalEagle1 replied 1 year ago.
Hello and welcome to JustAnswer. I would like to assist your with your question today.

Your wife's attorney is indicating to you that the court proceeding went forward in your absence. In other words he is indicating to you that the court did not allow a continuance. This does seem odd, especially if the court scheduler indicated to you otherwise. When did the scheduler notify of the 5/8 date?

You indicated that the matter was set for a dissolution and not a divorce. So am I correct that you and your wife have signed a separation agreement that contains an agreement regarding assets, liabilities, child custody/visitation and other issues related to terminating your marriage?
Customer: replied 1 year ago.


I called scheduler Tuesdy AM and she informed me that next date for status is 5/8.


 


Nothing has been signed. No custody issues. The only issue is splitting assets which far exceed liabilities.


 


It is a dissolution of marriage she filed.


 


 

Expert:  LegalEagle1 replied 1 year ago.
Then what the wife's attorney is advising you that the hearing went forward on Monday without you being present or being represented. You should contact the court on Monday to see exactly what occurred. Many courts make audio recordings of proceedings. If a recording of the hearing was made, generally it can be obtained very quickly for a nominal fee. If the your court does not have a recording available, you can order the transcript which is much more costly and can take some time to obtain.


I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Customer: replied 1 year ago.


Is there an opportunity to appeal? What does "letter of opinion" mean vs a ruling?


My wife has all assets frozen so I live on ss and credit cards and cannot afford an attorney. Already underwater on credit. I'm also a disabled Vietnam veteran.


 

Expert:  LegalEagle1 replied 1 year ago.
I am going to opt out so that an expert who is more familiar with the Domestic Relations Court in Illinois can assist you.
Customer: replied 1 year ago.

When should I expect an answer?

Customer: replied 1 year ago.


When should I expect to hear from ILLinois expert?

Customer: replied 1 year ago.


Is someone working on my request?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I am sorry for the delay in your receiving an answer. I am a different contributor as your previous expert has opted out of the question.

If you had a legitimate medical reason for missing the hearing and the judge conducted the hearing in your absence, then you will need to await the judge's opinion (which is their decision on your case or court order) and upon issuing of that order if it is not favorable to you, then you must immediately file a notice of appeal and a motion to vacate and for a rehearing based on your due process rights being infringed upon as you were not there and notified the court for a continuance based on good cause of your medical condition. You need to attach a sworn affidavit from your doctor regarding your medical condition preventing you from appearing in the court on the date scheduled.

If the court agrees to a rehearing they will withdraw their opinion/order and schedule the case for a new hearing date. If they refuse to grant the rehearing, you would have to proceed to the court of appeals to vacate any decision based on denial of your due process rights.


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Customer: replied 1 year ago.

Thanks for your reply. According to wife's attorney the judge will issue a "letter of opinion" on 5/8 appearance. Is that different than what you outlined?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The letter of opinion is an order or ruling of the court. You have to wait to see what the judge decides before you file a motion to vacate or reconsider the ruling based on your medical absence.
Customer: replied 1 year ago.

What if I cannot get a letter from my dentist prior to court?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Unfortunately, it is your obligation and burden to supply your evidence. You do not need it really before court (although you should have it to show the judge) you need it more if the judge issues an opinion that is not in your favor when you file your motion to vacate or reconsider based on your legitimate medical excuse for missing court.
Customer: replied 1 year ago.


Thanks, XXXXX XXXXX to get it before I leave for Chicago from Atlanta tomorrow or maybe he can fax it to my hotel before 9:25 AM appearance.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Hopefully he can fax it to you, most doctors will and then the court if they need the original will allow you to send in the original at a later time.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88353
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi,


I'd like to schedule a follow up appointment with PaulMJD on May 6th, 2013 at 10:30 am Eastern Standard Time.

Expert:  Law Educator, Esq. replied 1 year ago.
You can ask for me at any time, using either "reply to expert" in this thread or by posting a new question for me by putting in the headline "For PaulmJD..." and I will get to you as soon as possible, but 10:30AM today has already passed.
Customer: replied 1 year ago.

I am confused... My memory says, no I did not make an appt. for 10:30 today. I did get a phone call from Penny from your service about 1 hour ago and we set up an appt. with you for 10:30 AM tomorrow, 05/07/2013.


Help me understand what is going on!

Expert:  Law Educator, Esq. replied 1 year ago.
Do not be confused, it is our system and not you. It seems that our system people make these types of mistakes all of the time and it is not your fault. Please accept my apologies.

Look, just come online at anytime tomorrow you like and you can ask for me as I said above and I am around all day and will get to you as soon as I possibly can. Thank you and I do apologize again for our customer service personnel.
Customer: replied 1 year ago.


OK, I am a bit hyper now. Not what I wanted to be dealing with at 68 from a lying, cheating wife that seems to have no remorse. Such is life...Huh?

Expert:  Law Educator, Esq. replied 1 year ago.
Not that it is any consolation to you, but there are many people in the same situation going through similar things. You just have to take your time, gather your proof and trust that the justice system will work for you as it is supposed to.
Customer: replied 1 year ago.

Thanks Paul, it is consolation. I am tired and hitting the sack. I'll pick up this nightmare tomorrow AM.


 

Expert:  Law Educator, Esq. replied 1 year ago.
I will be here. Have a good night.

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