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After spouse signs for uncontested divorce, does spouse have to appear in court for the judge to grant the divorce?

Jackson, MS |

Trying to obtain an uncontested divorce. Spouse agrees to sign the papers, but doesn't want to have to come to court. Will the judge still grant the divorce if spouse signs all of the paperwork, but does not appear in court?

Attorney Answers 4


If it is uncontested most judges do not require parties to appear for an uncontested divorce

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

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If one or both of you are represented by an attorney, the parties do not usually attend. This is not the case in Pro Se divorces. Many judges will require both parties to be present to make sure nobody is pulling a fast one. I also know judges that want to speak to both parties (regardless if the are represented) if they are asking for joint legal and physical custody of children. These agreements usually only work if the parties remain in close proximity and get along well, so some judges like a little face time to make sure they will not be right back in court, in a few months.

This reply is provided for information purposes only and does not represent legal advice or an attorney-client relationship.

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That will be entirely up to the judge depending on your circumstances (ie. if you have representation or are representing yourself) Your attorney will know if you have one. If you don't, you need to find out which judge has been assigned to your case and contact their court administrator.

The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an attorney should be taken only after careful consideration. My profile and any answers to questions given are strictly for the purpose of advertising my services. Nothing said should be inferred to create a lawyer/client relationship or be considered specific legal advice on your situation. Feel free to call me at 662-563-9625.

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It depends on the chancellor. Some do not require either party to appear. If there are children involved, some will require the parent with custody to appear. If going without an attorney, the judges are more likely to have both appear to ensure that neither has been pressured into it.

My response in no way creates an attorney/client relationship. I am simply seeking to offer some insight into the situation with the limited facts given. It is not to be held as direction on what to do and the answer could be different given slight changes in the question.

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