What happens if a plaintiff doesn’t show up in court for a divorce case?
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What happens if a plaintiff doesn’t show up in court for a divorce case?
I’m going through a divorce and have court next friday. My ex filed the papers and we both agreed and want the divorce. She can’t make it to the court date and is plaintiff. What will happen? Will judge grant divorce anyway? Is there a form my ex can fill out and give to me asking judge to grant divorce?
Asked on January 4, 2012 under Family Law, Georgia
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
In Massachusetts, if you have an agreement for the divorce, you can walk it in prior to the hearing date (even if the date is set up) so that you can get divorced immediately.
If your wife cannot be present at the divorce, she can ask the court for a continuance, explaining the reason she cannot be present.
Also, if someone does not show up for the divorce hearing, the court can enter a default against the person, and allow the divorce to proceed even if she is not present. The judge would ask you if that was what you want and can enter the judgment of divorce.
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