What happends if niether party shows up to the status hearing in a divorce? Do they cancel the divorce? Do you have to re file?

Asked 10 months ago - Temecula, CA

My ex husband filed for divorce in May of last year. I never filed a response. We were supposed to attend a status hearing in January 2013 and niether of us went. Did the divorce still go through after the 6 months?

Attorney answers (4)

  1. Myra Chack Fleischer

    Contributor Level 12

    4

    Lawyers agree

    Answered . No they typically do not. You need to contact the court to see what the court did that day. The status conference may have been continued, the court may have issued a sanction for no appearance or something else. The best thing to do is call the court or go in and look at the file.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  2. Edna Carroll Straus

    Contributor Level 18

    2

    Lawyers agree

    Answered . Nothing happens to end a marriage wothout specogoc action by the parties.

    You can see what has berm filed by accessing the court web site.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by... more
  3. Robert Andrew Michael Burns

    Contributor Level 17

    2

    Lawyers agree

    Answered . Just review the Court's file. If necessary, you can be counseled about this for free by the Family Law Facilitator at your Courthouse.

  4. A J. Williams

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . No, the court will not act if the parties are not present. In many cases where the petitioner isn't present, the court may dismiss for lack of prosecution.

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