My question involves divorce in the State of Washington.
My friend's divorce hearing was supposed to be a few weeks ago. It was postponed by the judge while he was hearing a criminal case. His bailiff emailed my friend to tell her that it was postponed.
At that time, she responded that she would not be able to attend trial and would need a continuance. She is disabled due to chronic severe back and neck pain. Her current physician-ordered limitations state that she cannot sit or stand for more than 15 minutes at a time without significant rest periods. Furthermore, she is on methadone and hyrdomorphone (two Class-3 Narcotics), in addition to a strong muscle relaxant and numerous other medications, to treat her chronic pain.
A few days after the trial was indefinitely postponed (via email), she slipped and fell, fracturing her leg at the knee and ankle. As a result, she was placed on bed-rest, and given percoset and tramodole for pain.
She emailed the bailiff and informed him of her injury, reiterating that she would not be able to attend trial. At this time, she also reiterated that she was on numerous pain medications that were Class-3 Narcotics. She had been told that because she was on these medications, she should not sign any contracts, etc., as they impair your mental capabilities.
Last Friday afternoon, she received another email from the bailiff stating that her trial was set for Monday (today) at 11am. She immediately faxed him documents from her orthopedic surgeon regarding her leg injury and also from her primary care provider, stating that she was unable to stand trial because of her physical limitations from her back injury.
* As a side note, because of issues with her husband, she had not attended or attempted alternative dispute resolution. She wanted to go to mediation through the court, but he was not being cooperative, insisting instead that they hire a mediator through the local bar association. He is a member of that bar association and volunteers for them, so she was uncomfortable doing so, and told him that. She included all of her requests for mediation through the court that she'd sent him, and his demands that they receive mediation through the bar association in her fax to the court last Friday, along with a statement, in which she explained the documents, reiterated that she wished to mediate and that her husband was refusing to cooperate. She also stated clearly that thry had NOT satisfied the court's requirement of alternative dispute resolution.
After faxing these documents to the bailiff, she emailed him asking for confirmation that he had received the fax. This morning she received an email from him stating that he hadn't received the fax. She sent it again, and emailed him once more explaining that sje could not attend trial due to physical limitations, and that she was on numerous Class-3 Narcotics and was not fit to go to trial at this time.
He emailed her back that he had received the fax, and wrote, "Please remain available. We may call you and put you on the speaker telephone about 10:00 a.m. to put some matters on the record, including your request for a continuance."
She responded stating, "I just took my morning dose of pain meds, so may be a bit out of it but will keep my phone nearby."
*As another side note, because of her current physical problems and the medication, she had not been able to respond to several documents filed by her husband. She assumed that the issues would be discussed at mediation and that she would have time to find someone (like me) to help write responses, etc.
About a half hour later, the bailiff called and put her on speaker phone. To her surprise, her husband was already at court (even though it was an hour before the hearing.) He testified and then the judge asked for her testimony. She was shocked. She thought she was just supposed to be going on record that she couldn't stand trial at this point. She stumbled out that she was unable to stand trial because of her physical and mental limitations at this time, and stated that she wanted to go to mediation. The judge responded that it was too late for that and that she would need to respond to what her husband said (which she could barely remember, even though it was only a few minutes prior), and state what she wanted out of the divorce.
Needless to say, the hearing went terribly. She realized that there were numerous issues that weren't being raised, but couldn't keep her thoughts straight, or remember what the issues were even.
When the judge gave her a chance to respond to her husband a second time, she stated once more that she was on Percoset, Methadone, Hyrdromorphone and tramodol and that she did not feel competent. The judge responded that she sounded coherant enough, and once more insisted that she respond, etc.
I guess my question on her behalf is this:
There were several key issues that were not addressed, and several more that were not in her favor, including her losing her health insurance as of today - a HUGE disaster for someone with the number of health (and dental, thanks to the methadone) problems she has, and also only getting six months of $500 in spousal support after supporting her husband for six years including while he went to law school (also he is voluntarily underemployed – he works a job that doesn’t even require a high school diploma, and then volunteers as a lawyer for the bar association and several domestic violence shelters, etc. [and yes, he was abusive to her]).
So, is there a way to appeal the court’s decision, or ask for it to be heard again based on her repeated statements that she was not competent, etc., and the fact that she thought she would be getting on the phone to explain that she was unable to stand trial, and instead was forced to do just that?
Sorry to make this so long – she’s extremely upset, and I am too, on her behalf – this was just a crummy situation, and she has no income whatsoever, has been living off of that $500 payment, food stamps and food banks and various aid from charities since she got separated, so this is a HUGE thing for her and her two kids (no, he isn’t their dad, just their ex-step-dad.)
Thanks in advance,
Red

