I have a friend that is in the process of getting a dissolution. Him and his wife have been separated for seven months living in separate homes.. They have agreed and have signed the petition for the dissolution which has been filed with the court and a hearing date has been set.
The issue is he is in jail for domestic violence an incident that occurred between the two of them months ago and will not be present for the hearing. She has claimed that she will write a letter to the judge asking for the hearing to be post pond... Is that a option? Or will it now have to be a divorce?
They have no children together and their marriage lasted five years.
As I mentioned he is in jail his release date is the day after the scheduled dissolution hearing. What advise would you give him?
Divorce / Separation Lawyer
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.
1 lawyer agrees
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.