– from Helen G. in Milwaukee, WI

Question Details:

I am about to be going through a divorce. I have been diagnosed with cancer, and I am currently undergoing chemotherapy. It makes me very sick, especially for a few days right after a session. During the divorce proceedings, when it comes to admitting evidence relating to the division of our marital property, I am afraid I may not be able to make it to some of these hearings due to my illness. My husband and I heavily disagree in this area, so I fear it may become drawn out. Will the court render a final judgment concerning the division of property without my completed admission of evidence if I cannot make it to all the hearings?

Family Law Attorney Response:

Before I answer your question, I hope you recover soon. With advancements in treatment methods, I'm sure you will get through this without a hitch.

To your question, I'm sure that the court will understand your situation and allow you the time you need to ensure you are able to make your dates. To answer your question, it is highly unlikely that a court would ever render a final property division decision without all of the evidence they required admitted.

In the case of Roeder v. Roeder, 103 Wis. 2d 411, 308 N.W.2d 904 (Ct. App. 1981), a man had passed away before all of the required evidence had been admitted, but after the oral judgment of divorce. The trial court had upheld the divorce decree and they ordered a final division of the property. This was appealed and the ordered division of property was overturned until all evidence and values were admitted.

My advice would be to contact a family law attorney right away. They will be able to assist you through the proceedings and speak to the judge on your behalf about potentially modifying appearances and dates in order to accommodate you during your treatments.

Trisha Festerling, J.D.

Family Law Attorney

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