This answer does not establish an attorney/client relationship. The defendant does not need to show up, but is a fool if he or she does not do so. If the courts has signed off on that agreement (assuming this is the marital property and settlement agreement), but has not addressed the issues alimony or child support. The adulterous spouse is barred from alimony, but that does not apply to the non-adulterous spouse. Furthermore, child support is at issue. The defendant and you should both have counsel, and show up for your day in court. I am a S.C. attorney and board certified internist, but you have not included enough information for me to properly address your question. For example, do you want alimony or need child support.
Regards,
Michael G. Sribnick, M.D., J.D., Attorney at Law
Owner of Michael G. Sribnick, M.D., J.D., LLC
www.michaelsribnicklaw.com
Answered on Sep 28th, 2013 at 5:42 PM