Our marriage took place in Utah. If she does not show up, will the court proceed or postpone judgment?
The Court will proceed in her absence, as long as she has been properly served. Because it is an annulment, the Court will likely hold a hearing in which you will need to show grounds for the annulment. Whereas a divorce may be granted based on irreconcilable differences, an annulment requires more specific grounds. Typically, this would be some type of misrepresentation or material omission which if you had known about you would not have entered into the marriage. This is why, when I file a petition for annulment, I always ask for a divorce in the alternative, in case the annulment is not granted. I wish you the very best!
I do not offer individualized advice online through Avvo. The answers I give on Avvo are general answers and should not be relied upon for any particular individual situation. For detailed individual advice from an attorney regarding your own particular situation, a consultation with an experienced divorce attorney should be obtained.
She does not have to appear for any hearings, unless she wants to. Her failure to appear will count against her.
You need to get with an aggressive family law attorney who has experience with annulments, divorce, and difficult cases. I know what these cases are like, having handled a number. Do your online research and get moving forward. Please understand that this site does not allow us to recommend any attorney or firm.
You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for you, and your rights? You should be able to get in with attorneys today, I know that I have some openings. So, check around.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
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