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Your Questions Answered: Divorce Hearing No-Show

Over 46 years of family law experience has made us acutely aware of one thing–every case is different! Even the most straight forward mutual divorce case can be sprinkled with challenges that need to be handled in unique ways. That’s why we’re always happy to help those with any questions that come up in these difficult times. This time, our question focuses on the need to attend your divorce hearing.

The Question-What happens if I don’t show up to a divorce hearing?

Q: I am doing my divorce pro se. I have no choice but to return to my family in California. My husband and I currently live in Wisconsin…he abandoned me and our two kids, he was the only source of income, I’m losing my car due to a bankruptcy that is pending discharge. I can’t pay rent to stay here in WI…so I’d like to know what happens if I don’t show up, or even if he doesn’t show up which is very possible.

Our answer

One thing you should know is that if either party fails to show up then the petition for dissolution will be dismissed. Marital property is owned by both of you. If you hire an attorney, he/she might be able to get your divorce done without you having to come back to Wisconsin. If you are serious about getting this done, that is what you should do. One other thing you should be aware of is that some jurisdictions can allow an appearance through telephone. You will have to submit a written request to the judge assigned to your case prior to your hearing, though.

Handling a divorce case the right way is imperative to ensuring both parties are able to benefit mutually from the separation. We hope our exploring of hearing options has helped!

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