Legal Question in Family Law in Illinois

an exparte divorce took place in which the respondent was absent because he was deliberately not notified of the trial that afternoon. The judge issued the

plaintiff a JDOM on grounds of irreconcilible differences. Plaintiffs atty represented wife and husband had lived separate and apart for over two years.

This statement was a lie. Therefore the respondent would've had to sign a waiver for the divorce to be granted under these terms. Respondent is now looking to vacate the unfavorable judgement on the grounds he was unable to present his side of the case. The case was tried very quickly and the judge gave the plaintiff everything she wanted, due to her atty's misrepresentations. If the judge will not vacate the judgement what can the respondent do? Can he appeal the judgement?

Can he seek disciplinary investigations on wife's atty and judge for ramming a quick JDOM down the respondent's throat? How would you advise your client if you were to represent him?


Asked on 3/23/12, 4:55 pm

1 Answer from Attorneys
David Gotzh Law Office of David Gotzh

1301 motions are liberally granted if within 30 days of judgment.

So take a deep breath and get a lawyer. She has one, you deserve one too. For further guidance, watch my youtube presentation on Illinois divorces and contact a family law attorney in your area.

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Answered on 3/23/12, 5:07 pm


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