Legal Question in Family Law in Illinois

divorce trial was supposed to take place last thursday. Showed up for trial ( pro se ) with my wife's atty there and judge said he was too busy to hear the case. He asked what the hangup was for settlement and both parties responded.

told us to work it out by end of day or else he'd have to assign a new judge and

trial date. Approx 11 AM talked with wife's atty and couldn't make progress so

went home pissed off for waste of my time. her atty called me on phone and asked if I heard what the judge said ( about working it out ) and I told him I couldn't settle on the terms of the MSA he had proposed month before. I got PO'ed and ended the phonecon. The atty said he'd notify me of new trial date in the mail.

I waited for a few days and didn't hear from wife's atty so called court clerk to

find out my new trial date. Clerk told me wife was granted the divorce with judgement against me. I didn't even know who the judge was to be and when the trial was to take place but it was done that same day i left in the afternoon without my knowledge. Didn't I have the right to be notified I had my trial that afternoon and who the judge was? By the way before when i had previously

spoken to wife's atty on cell phone I called him back and left a message to let me

know if I had to come back in the afternoon and that I would do so if necessary. Of course he never called back and I'm sure he would never admit he got the phone msg. Question: the new judge < 2yrs issued the JDOM and a veryfavorable amount to my wife. I had not missed any of 15 pretrials in my divorce prior to this back door move and had two full boxes of exhibits ready to present my case in the AM that same day when the judge said he couldn't hear the case. What can I do?

I want to file a motion to vacate this JDOM as the judgement is totally unfair and not close to truthful facts, as my wife's atty misrepresented our true marital situation to her benefit. It is so disheartening that a sleazy maneuver could be done like this. What should I do?


Asked on 3/21/12, 3:41 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

File your motion to vacate.

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Answered on 3/21/12, 3:46 pm


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