How can I get a divorce if the other party is refusing to comply, show up, or answer to the present proceedings/motions?

Asked about 1 year ago - Seattle, WA

What typically happens if husband ignores all current and future motions, doesn't show up for any of the future court hearings including contempt, doesn't produce or provide any discovery, doesn't respond to even his own attorney? Can I get divorced before the trial if he behaves like this?

Attorney answers (3)

  1. Bruce Clement


    Contributor Level 19

    Answered . (1) See my earlier answers to other questions you posted. (2) If your husband is in total noncompliance at the time of trial, the court can order that only your evidence will be considered. (3) If your husband has never responded to your petition, you can file a motion for default. You will probably have to give him prior notice of the motion. See my AVVO Legal Guides on contempt, default and discovery for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”

    This AVVO Answer is provided for general educational purposes only. By using or participating in this site you... more
  2. Bennett James Wills


    Contributor Level 17

    Answered . You can ask for a default and win if your husband doesn't want to cooperate.

    This is not legal advice nor does it create an attorney-client relationship. This is for education and... more
  3. Matthew Thomas Majeski


    Contributor Level 18

    Answered . You follow the proper procedures to proceed by default. If your husband continues to fail to participate he risks the court granting you everything you're asking for in the divorce.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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