QUESTION

I reside in Chicago, IL and am getting divorced. I have my final court date in front of judge scheduled for next Wednesday. Is I am the plaintiff

Asked on Oct 27th, 2011 on Divorce - Illinois
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In the case and my wife is the defendant. Do both of us have to attend, or can we file some type of motion or affidavit that will allows us to not attend? My case is in Cook County through the Clerk of the Circuit Court.
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Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Anonymous: It depends what is actually scheduled to happen next Wednesday. If it is a prove-up then one person does have to attend (the Petitioner, which I assume would be you as you described yourself as the Plaintiff in this matter). If you have an agreement worked out between your spouse, you must both have it signed and ready to present it to the judge. It is possible to achieve the prove-up with only one party present. If, however, the case is set to go to trial, then realistically, you both must be present. A trial is an adversarial proceeding, where each party presents certain facts to the judge for consideration. If only one party is present, the judge may enter a default and decide completely in favor of the party who is present. Of course, depending on the judge, the length of time the case has been in the system, and other factors, the judge may move it to the new trial date.   Please note that this response is for informational purposes only, and is not intended to be legal advice for you or your spouse, and it does not create an attorney-client relationship.
Answered on Nov 16th, 2011 at 8:18 PM

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