What if my spouse does not show up to the mandatory settlement conference?

Asked about 1 year ago - Ventura, CA


I am a petitioner in a divorce. My spouse has filed a response. A mandatory settlement conference is scheduled for today. I expect that my spouse will not show up. He has been having a lot of legal and drug problems. In addition, he has told me he does not want to get divorced and will do whatever it takes to stall it. I have filed all the required documents before the hearing.

What will happen when he does not appear? Will the judge let me proceed to file a default?

Attorney answers (3)

  1. Anthony Allen Roach

    Contributor Level 14


    Lawyers agree

    Answered . No the judge will not let you take his default. He has filed a response. A mean judge will set an Order to Show Cause as to why he should not be sanctioned for failing to show up at the mandatory settlement conference. A nice judge will continue the matter and give him another chance. Check your local rules for evidentiary sanctions that may be imposed for failure to participate meaningfully in the mandatory settlement conference.

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  2. Gregory Paul Benton

    Contributor Level 20


    Lawyer agrees

    Answered . The court will probably set a date for trial and you will need to give him notice of the trial. If he fails to show up, then you can proceed via a default at the trial.

  3. David Alexander Browde


    Contributor Level 20


    Lawyers agree

    Answered . The judge has that authority - but it's rarely exercised in that fashion.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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