Friday, December 12, 2008

Request to admit in divorce case- timing is everything

As seen below, in divorce proceedings, you must file documents, answers, responses timely, or else have a really good excuse why you didn't

In re Marriage of Holtaus, No. 2-07-0562 (November 17, 2008) DuPage County (Zenoff) Reversed and remanded.
Because wife has failed to demonstrate that she had any good cause for serving response to request to admit two days late, and because lack of prejudice to husband in dissolution of marriage proceeding is not sufficient, trial court did not abuse its discretion when it struck her untimely response. Further, the trial court's refusal to treat the payment of attorney's fees as advances on the distribution of the marital estate, and skewing the property division in favor of the husband in order to adjust for the excess fees he incurred as the result of the wife's behavior during the proceeding, fits within the dictates of Section 501(c-1)(2) of the IMDMA. However, the trial court erred when it selected the relevant date for the purpose of calculating the wife's dissipation at the date that the husband moved out of the marital home; because it is clear that the marriage was in the process of breaking down long before then.

No comments: