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What happens if H doesn't show up to court?

MrsJenniferSMrsJenniferS
in Starting Over
Our divorce date is scheduled for next week, and I have a feeling H isn't going to show up to court. If this happens, could I really just get the judge to give me what I want? Or does it get rescheduled and dragged out until H shows? I can't afford to take time off from work for nothing! :(
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Re: What happens if H doesn't show up to court?

  • hainesherwayhainesherway
    It depends on the laws in your state.  In some states, if a party doesn't show up, the courts find in the favor of the party who is present.  Or there may just be a default judgement where everything is split equally.  Can you ask your lawyer?
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  • MintChocoChipMintChocoChip
    You'll get a default judgment and get what you want in NJ. At least that's what my atty said, XH showed up. We had an agreed upon PSA anyway.  
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  • LesPaulLesPaul
    I was divorced in Texas.  Only one of us had to be there - the agreement was already made and the decree set.  He arrived as my lawyer and I were getting in the elevator to leave.  Didn't matter in our case, but we weren't disagreeing about the settlement.
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  • jdbmjmjdbmjm
    In California, we have a default. So as long as the assets and debt are generally pretty equally divided, you can pick what you want. People seem to think it's "if he didn't show, I get everything," but that's really not how it ends up working out, A judge still needs to approve the division of assets. 
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  • KrissimarieKrissimarie
    I am in the same boat. STBXH refuses to comply with the court or attorney's. We have a court date set, but I doubt he will show. My attorney said that since he is being a total a*** and I have a restraining order on him, that the judge will give me at least what I am asking for. ND is a 50/50 state, but what I am asking for isnt even half of what we had together.
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  • River PestieRiver Pestie

    I was divorced in Texas and my attorney told me I didn't have to be there since  everything was set in the decree and we weren't arguing about anything. My attorney also said neither of us had to be there as long as our attorneys were there.

    I didn't show, so I am not sure if the X did or not. 

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  • booklover75booklover75
    I was in Texas as well. My lawyer had taken care of everything. I was there, the ex didn't show up and I got what I wanted.
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