Unless a Default has previously been entered against him or there is a signed Marital Settlement Agreement and your husband has arranged with the court to be heard by telephone, on the limited information you have provided, you will not be able to finalize your divorce on the day the ESP is scheduled if your husband fails to appear.
In the event your husband fails to appear you may be able to use that event to request that the court dismiss his Complaint; strike his Answer; and/or dismiss his Counterclaim. Thereafter, you may be in a position to secure a Default against your husband, allowing you to take steps to finalize your divorce on a future date without your husband's participation (via a Default Judgment). If you do not already have an attorney, you may want to consider retaining one to address such issues as the same are not routine every day events.
Kenneth A. White, Esq.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances.
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The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorneyâ€™s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.
973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.