Family Law Blog

What Happens if One Party Doesn’t Show Up to a Divorce Hearing?

Saturday, December 30, 2017

Divorce is a very contentious time in the lives of divorcing couples. Emotions run hot and a lot of arguments can come up. It often gets to the point where bitterness can take over and one part of a dissolving marriage doesn't want to see the other's face ever again. They think that maybe they can trip things up a little by not showing up to a court date. However, not going to court when ordered to appear is perhaps one of the worst things you can do.

If you or your spouse fail to show up for your scheduled divorce hearing, then it is effectively wasting the court's time, and they are not pleased about it. If no good reason is given, the judge will hold the absent party in contempt of court, authorize a bench warrant for their arrest, and you will likely have to pay a fine for it. Furthermore, skipping a court date in a divorce only works in favor of the party that was present. It could cause a biased in their favor when it comes to the terms of the divorce.

That being said, sometimes one party just wants things to be over without going to court. If you agree to the terms of the divorce, but don't want to sit in court, either party can file for an uncontested divorce. In this, only the filing spouse needs to attend court. However, before this can happen, the separation agreement needs to have agreed upon terms by both parties in regards to spousal support, child support, debt repayment, and property division.

If you are filing for divorce and believe your spouse may be non-compliant to showing up to court or agreeing to an uncontested divorce, contact us today. The good news is that is your spouse is being difficult, the divorce will still progress after filing whether they like it or not. Furthermore, it may even come out more in your favor.