QUESTION
If the respondent is in default for not coming to the initial divorce hearing, do they have to show up for any further hearings?
Asked on Feb 17th, 2013 on Divorce - Florida
8 ANSWERS
One the other side's default is entered, that person cannot be heard at court hearings without file a special request to do so. so the answer to your question is no they do not need to come to future hearings. It has become a one sided case and the person who is still in the case needs to move it forward to finalization.
Answered on Feb 21st, 2013 at 12:21 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It normally is not necessary to attend the divorce hearing unless they are contesting it.
Answered on Feb 20th, 2013 at 10:44 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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The default occurs if the Defendant fails to file an Answer in response to the pleadings filed by the Plaintiff. Unless ordered by the court, the Defendant may fail to appear, if he or she so chooses. The court will then render judgment based on the evidence presented at court.
Answered on Feb 20th, 2013 at 8:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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They can show up and the court may set aside the default. The court would rather they be involved.
Answered on Feb 19th, 2013 at 7:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not if they want the judge to do whatever he or she thinks is best, meaning that the judge could decide that $500 a month for child support really is fair. On the other hand, if you trust the soon to be ex- to not try and do you unnecessary damage, then don't show up.
Answered on Feb 19th, 2013 at 7:25 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No, there is nothing that compels them to go to any hearings but they run the risk of having the court make an order without their input or objections.
Answered on Feb 19th, 2013 at 7:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally it is to ignore the court if you are looking for a favorable, or even reasonable, result.
Answered on Feb 19th, 2013 at 7:18 PM
John Arthur Smitten
No. However that would not be wise.
Answered on Feb 19th, 2013 at 7:17 PM