He has most of the money, I have a lawyer. What if he doesnt show up at the court date.
Your attorney will probably move for a default. You should speak with him, on how to proceed. Best of Luck!
If your husband fails to respond to the Complaint that was served upon him, your attorney would move to have default entered against him so you can proceed with the divorce. Ultimately, a Default Hearing would be scheduled in your matter and you would have to file and serve a Case Information Statement and proposed Judgment of Divorce at least twenty days prior to the date of the Default Hearing. The proposed Judgment of Divorce sets forth how you believe the issues between you and your husband should be resolved and, if entered against the Court, would be enforceable against him.
This is definitely a question that you should ask your attorney. My colleagues are correct - that your attorney can file for default. But to better understand exactly what happens and what you can expect, the best advice is to discuss the entire process in detail with your counsel. That's what you hired him/her for.
This question is part of what you hired your lawyer to answer for you in your exact case.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
If he is served and does not appear, default will likely be entered against him.
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You should speak with your attorney to move ahead with the divorce proceedings. You can still get divorced even if he chooses not to respond to the papers. However, default can be a technical process. I would make sure you are represented by an attorney. If you don't kow any attorneys ask someone that you trust for a reference.
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