The simplest solution to the spouse's inability to be present for the dissolution hearing due to incarceration is to reschedule the dissolution hearing to a later date, after the spouse's release. A dissolution requires both spouses to be present before the court & answer some basic questions. Otherwise, the action must either be dismissed or converted to a divorce action.
I recommend legal counsel in any divorce, dissolution, separation and/or support action. The consequences of an improperly handled case can be dire & last for years afterwords, costing you money.
I agree with Mr. Snyder. Both parties have to be present for a dissolution. A continuance can generally be easily gotten. If not, the case can be dismissed, but generally the court does not want this to happen and will dismiss as a last resort. I would not worry, go to the court and file a continuance, or at the day of the hearing, explain to the Judge/magistrate what has happened and you should get another court date.
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