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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 12-08-2012, 01:52 PM
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i need help please... problems trying to post reply
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  #22 (permalink)  
Old 12-08-2012, 01:59 PM
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I received my doctor's letter, confirming the surgery dates, that it was out of my control, and my recovery time/restrictions.

I also finally heard back from my ex. She said that I should have offered/paid support and therefore she will not help me out by consenting to an adjournment.

Although duty counsel will appear for me and ask for an adjournment, there is no guarantee and orders can still be made against me as a 'no show'. Therefore, out of fear, I would like to attend court myself and ask for the adjornment to be safe.
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Old 12-08-2012, 02:01 PM
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I'm currently filling out my 14c - confirmation, and want to make sure I'm doing it right.
For number 4, This matter is going ahead, do I select, "for a contested adjournment to"?
I put in the first available date, asked for by 'applicant/me', because:
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Old 12-08-2012, 02:01 PM
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I had spinal surgery on Oct 24, but due to unforeseen complications the surgery could not be completed until Nov 28, which included back and stomach (Dr note attached). Recovery time is 4-6 weeks where I am on extra medications for pain and severely limited in my ability to drive, bend, twist, lift, prolong sitting, etc. This delay was not in my control and due to this, I was unable to properly prepare my materials, and unable to attend our Settlement Conference for the full time needed.
I discussed the surgery and recovery with the respondent and she encouraged me to have it done. I then kept her informed regarding the complications and need to postpone the incomplete surgery. As soon as I found out about the new surgery for Nov 28, I immediately contacted the Respondent 3 times to request an adjournment, with no response. On Nov 30, I finally heard back from the Respondent that despite my restrictions and doctor’s recommendations, she was not consenting to an adjournment.
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Old 12-08-2012, 02:21 PM
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I think she's blowing smoke up your ass. It is unlikely any judge would go against a doctor's letter. IF you do go to court, ask duty counsel to have your case be heard first so you can request adjournment with judge. I'm sure they will be more than willing to help you.
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  #26 (permalink)  
Old 12-12-2012, 10:38 PM
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Just an Update -

I went to the Settlement Conference today and requested the contested adjournment due to my surgery. The judge was very nice and understanding to both sides. He was able to hear our case first and quickly asked if there were any pressing issues that needed to be addressed. He heard us both out, gave his opinion on the facts, recommended that we go to mediation first to try and settle things, then adjourned the SC to the next available date which is April.

Although it was tough to make it into court, I'm glad I did.
Thank you all for your great input/advice on this.
I'm so thankful for this forum.
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Old 12-13-2012, 02:04 AM
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Very pleased to hear it worked out for you and that the judge let you go first. I think all in all many judges try to be decent.

Hope you can continue on with your recovery and that you feel better soon.
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Old 12-14-2012, 01:03 PM
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We were in court 2 days ago for the settlement conference, where I was awarded an ajournment due to my serious surgery 2 weeks ago.

Today I have a UPS package sitting at my door. It's her papers...She has brought a motion for Dec 20... (in 6 days)... and her affidavit.

I don't believe this is the proper way to serve someone for this... however I will be picking up the kids tonight, so I can only imagine she will serve me then.

However, we have previous orders that says all new motions must be served with at least 15 days notice on the other party in order to give them time to respond/prepare/etc.

What do I do now?
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  #29 (permalink)  
Old 12-14-2012, 08:14 PM
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I spoke to Duty Counsel today.

They said to File a Motion on Monday, with an affidavit... asking to change the motion date.
I have to mention that we are supposed to give 15 days notice on motions... that I was just given an adjournment 2 days ago to recover from surgery but she now brought me back to court again... and to ask for costs.

Not sure what will happen... but let's see.
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Old 04-12-2014, 09:57 AM
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Hi,
I'm new here. I need tio get an emergency adjournment and not sure how. I have a case conference scheduled for next Wednesday but my father has been admitted to ICU in Thailand and I have to leave the country, I have a flight on Monday. How did you go about getting the emergency adjournment?
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