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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?

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?

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Attorney answers 4


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.

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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.


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.

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

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