QUESTION
If I’m not the one who filed for a divorce do I have to appear on a uncontested divorce?
Asked on Jan 16th, 2013 on Divorce - Louisiana
More details to this question:
My ex-husband’s lawyer said I don’t have to but I’m not sure if it’s true or not.
10 ANSWERS
Generally, uncontested divorces do not require the presence of both parties. If you have not filed a response in the case, you do not need to show up. If you have signed a marital settlement agreement which is supposed to be approved by the court, I suggest you show up just to be on the safe side.
Answered on Jan 18th, 2013 at 4:50 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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It depends if you agree with the Judgment. If you dont, a default judgment can be obtained without any consideration for your rights. It is best to consult with an attorney to discuss your options.
Answered on Jan 18th, 2013 at 12:52 PM
You do not have to appear but if you are uneasy about the process you should consult a family law attorney and have them review all of the documents and answer any of your questions.
Answered on Jan 18th, 2013 at 12:52 PM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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Although it is often unwise, you do not have to appear for the final hearing in a no-fault divorce.
Answered on Jan 18th, 2013 at 12:52 PM
> If you are not the petitioner you do not have to necessarily be there, but I would recommend that you are present as you are placing the fate of your future in someone else's hands. I think a couple of hours out of your day will be well worth the peace of mind you will have from being present and making sure things actually go as you all discussed.
Answered on Jan 18th, 2013 at 12:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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we can get divorces entered without either party appearing in court. If there is a hearing and I were you, I would show up.
Answered on Jan 18th, 2013 at 12:51 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Never miss a court date. If you reached a full agreement in an uncontested divorce it can be done just on the paperwork without a hearing.
Answered on Jan 17th, 2013 at 10:03 AM
Divorce Attorney serving Winter Garden, FL
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Jeffrey A. Conner
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You have the right to appear but are not required to appear. Typically, in an uncontested divorce, the nonpetitoning party signs a document called an Answer and Waiver, wherein he or she states that an agreement has been reached and he or she has no objection to the other party proceeding to a final hearing based upon the agreement and does not require notice of the final hearing. However, particularly if you are not attending the final hearing, make sure you review the proposed final judgment prior to the final hearing.
Answered on Jan 17th, 2013 at 10:00 AM
If you don't appear, and you have not entered a stipulation or answer, your husband will be able to obtain a default judgement. This means that the Decree of Divorce will be entered pursuant to the terms of the initial petition.
Answered on Jan 17th, 2013 at 9:59 AM
1 Award
If it is just the divorce that he is seeking, you do not have to appear.
Answered on Jan 17th, 2013 at 9:58 AM