Skip to main content

What happens if i failed to show up in Cook county Court for first status court date. I am currently out of state.

Wheeling, IL |

This is a divorce case, the petitioner has a counsel and I am Pro-Se. What happens during status hearing? Whats the next best thing for me to do now aside from hiring an Illinois counsel?

Attorney Answers 5

  1. You can look up your case online either by using the clerk's new app or by logging Link below for the Cook County Clerk's office. You can look it up either by name or by case number and see what happened and the next court date. You can also call your spouse's attorney and ask them if they will send you a copy of the court order. During status hearing, the attorney(s) reports the "status" of the case to the judge: e.g., service of petition on respondent, discovery compliance, etc. The judge typically will give a new status date in 45-60 days when the case is in the beginning phases.
    At some point, you will either have to begin appearing in court if you wish to contest relief that petitioner requests or hire an attorney.

  2. There should be no "aside from hiring an Illinois counsel".

    Unless this is a very short-term marriage, with no house, no children, no retirement funds,and no other major assets or debts, you should have an attorney on your side. If you cannot afford one, you can reach out to the clinics. Alternatively, if you retain an attorney you can seek attorney fees from the other side. Many attorneys will wait.

    If you absolutely insist on going forward without an attorney, you need to appear at the status conference. If you absolutely cannot, file a motion for continuance after speaking with the other attorney.

    If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

  3. If there is a Petition pending against you and you haven't filed a Response or an Answer, you are at risk of being held in default. After 30 days have passed since the filing of their Petition, the opposing counsel can file a Motion for Default and possibly obtain all of the relief sought in their underlying pleading. Talk to an attorney, especially if you can't appear at court dates. It is difficult to vacate default orders and it can become costly if things are not done correctly the first time around. Please feel free to call my assistant Dan London at 312-807-3990 to set up a private telephone consultation with me. The consultation is entirely confidential and we can formulate a strategy on your case. These details should not be discussed over the Internet.

    Elizabeth A. Demonte The Law Offices of Jeffery M. Leving, Ltd. 312-407-6854. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  4. You could file and serve your Entry of Appearance on the opposing counsel and send a courtesy copy to the Judge. The Judge will be a little less likely to grant a Default and probably set a new date so you can appear or retain counsel. These details should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

  5. Most likely they will file for a default judgment. They will get everything they want that is conscionable. You should immediatly file your appearance. It is simple and does not need a lawyer. Its on the cook county website. It's called an appearance form. Then you should appear at the next court date. The judge will likely not find you in default if there is an appearance on file. Worst case scenario you can always vacate the default within a specified period of time (dont wait more than 30 days). But, you should then file a response and a counter-claim with an attorney's help. There are many attorneys who do pro bono work and there are a number of legal aid organization to assist you or even take on your case.

    Please contact a lawyer and do not make legal decision based on the legal advice provided. Criminal cases are complex and factually very sensitive.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics