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What happens if my wife does not show up to divorce MSC or Trial?

Sacramento, CA |

My wife, the petitioner, did not show up to the MSC and likely will not show up to the trial.
She dropped her attorney shortly after the OSC hearing where I was awarded 50% custody of our children. She is OK with 50% and says she doesn't want to waste time or money on the divorce anymore. All our property and assets have already been divided, but she is unwilling to come to an agreement on a 50% visitation schedule (I want the temporary ordered schedule, and she wants something slightly different).
I have already filed a statement of issues with the court prior to the MSC.
When this goes to trial, what will happen if I am the only party to appear in court?

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Attorney answers 2


The Court may proceed with only one party there - the court may proceed via a "default", if the Court decides that the other party was provided with sufficient notice and did not show up. Likely, the Court will continue the hearing/trial, in order to try to make the other party show up at a later continued hearing. However, the Court does have the option to proceed without one of the parties. If you are just requesting that the current orders stay in effect and are made the "permanent" orders of the Court for Judgment, and all of the other issues are already decided, then the Court may be more likely to go through with the hearing/trial without one of the parties present. The Court may likely ask the attending party to prepare a Judgment. This is something an attorney can help you prepare - or check with your local Court's self-help center.


You would probably obtain a default judgment and her side of the case would not be heard by the court. Ask your attorney about getting a default judgment.

This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.