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If both parties arent present during a divorce hearing does the case get dismissed?

Atlanta, GA |
Filed under: Divorce

My husband and I have an uncontested divorce hearing. However, he may not be present. I'm uncertain if this will cause our case to be dimissed if I'm the only one present.

Attorney Answers 3

  1. If one persons fails to show, usually the court will give another chance. If both parties fail to show, the court may not be so generous. You should speak with a local attorney who can advice you about the specific practices in your jurisdiction. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

  2. Ms. Brown's answer would normally be correct. However, courts tend to handle uncontested divorces a little differently. The main purpose of the Final Divorce hearing in an uncontested divorce proceeding is to ensure that the court gets certain specific information on record. However, since everything has been agreed to, there is no hearing. (In fact, even when both parties are present it is not uncommon for only one party to speak.)

    What will happen if your husband does not appear depends on what has been filed thus far. If the record before the court contains a signed and notarized agreement settling all matters of the divorce, it is likely that the judge will allow you to place the required information on record. Allow me to emphasize: the court will ONLY proceed with just one of you if there has been an agreement, signed and notarized by both of you, has been filed. If the court has not been provided clear evidence of an agreement, your case will likely be continued to another date. But it is at the judge's discretion.

    It would be in your best interest ("your" being both you and your husband) for your husband to call the judge's chambers and inform her/his staff of the fact that he will not be able to be present on that date. You may be able to either get direction (as to whether the judge will take the final despite his absence) or get a new date.

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

  3. As you can see from the prior answers, "it depends" is the best we can do. If your Husband signed all the paper work necessary to finalize the divorce, and was properly noticed, the judge will proceed with finalizing tthe divorce, if all of your papers are in order. If there are no signed papers, and he does not show and was properly noticed, the judge's decision will depend on a wide variety of factors. So, you will find out tomorrow. Good luck and enjoy your new life.

    The information is for general information purposes only. Receipt of this information or e-mail from our website, or other communications should NOT be construed as legal advice for any individual case or situation, nor the formation of an attorney-client relationship.

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