QUESTION
Is the petitioner of a divorce required to attend the court hearing?
Asked on Feb 22nd, 2013 on Divorce - Arizona
More details to this question:
I would like to know if the petitioner of a divorce has to attend the court hearing. What if something happens or comes up and the petitioner can't make it for the court hearing? Could the respondent attend the court hearing instead?
9 ANSWERS
You need to go to all schedule court appearances
Answered on Feb 25th, 2013 at 1:23 PM
Except for case management hearings where the parties are represented by counsel, both parties are expected to attend all dissolution hearings.
Answered on Feb 25th, 2013 at 1:22 PM
John Arthur Smitten
If you are the moving party then yes you need to be there at the hearing.
Answered on Feb 25th, 2013 at 1:21 PM
Both parties need to attend court hearings that require testimony. That is most hearings. You should directly consult with an attorney in your area.
Answered on Feb 25th, 2013 at 1:21 PM
Family Law Attorney serving Rolling Hills Estates, CA
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Yes, but the Petitioner would be risking that the court would make an order hearing only the Respondents request and version of events.
Answered on Feb 25th, 2013 at 1:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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You should always attend the hearing. Never rely on the other side to tell the judge your side of the case. If you cant appear hire an attorney to appear for you on a limited scope just for one hearing
Answered on Feb 25th, 2013 at 1:20 PM
It would be unusual for the Petitioner and his/her counsel to not appear at a court hearing. Perhaps if it were a hearing solely for asking the court to approve a joint request for a final decree, but even in that circumstance it is generally the petitioner and counsel, not the respondent and counsel, who would appear.
Answered on Feb 25th, 2013 at 1:20 PM
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Neither one has to attend as long as you fill out the form from Family Court that no contest.
Answered on Feb 25th, 2013 at 1:20 PM
The Petitioner must attend all hearings or run the risk of having the case dismissed entirely. If you are unable to attend a hearing, you can ask the court to reschedule or to allow you to appear by telephone, but you cant have the Respondent appear for the Petitioner.
Answered on Feb 25th, 2013 at 1:19 PM