What happens if I do not appear in court?
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What happens if I do not appear in court?
I am the defendant in a divorce case. My husband and I have been separated for
over 6 years now. We have no property or children together. He filed for an
Absolute Divorce in the state of Maryland on June 14th. I apparently filled out
the paperwork to be sent back to the courts wrong and an Order of Default was
entered against me on 9/20. I have since received a Notice to Appear document. I
am 3 hours away and CANNOT make it to see the Magistrate on the court date.
Am I required to be at that court date? What happens if I do not go? I am not
contesting the divorce. I am all for it I wish he had done it sooner.
Please reply at your earliest convenience. I appreciate you taking the time to
assist in my dilema.
Asked on October 6, 2016 under Family Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you don't appear in court after receiving a notice to appear, the judge will probably issue a bench warrant for your arrest.
You should call the court as soon as possible and inquire if you can make a telephone appearance instead of being physically present. If you are allowed to make a telephone appearance, ask the court clerk which documents you need to file to request a telephone appearance and the filing deadline.
If you don't file the request for telephone appearance before the deadline, your request will be denied.
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