Spouse Fails to Appear in Divorce Affairs: What Can Happen?

Conflict between man and woman sitting on either side of a wallIn most divorces, regular meetings are an important part of reaching a settlement. This may mean attending depositions, custody hearing, mediation sessions, and trials. If complex assets and properties are involved, both spouses will have to attend to more meetings and sessions to resolve issues. Participation from both spouses is essential for a smooth or a less dramatic settlement, according to burnhamlaw.com.

There are some instances, however, one party may refuse or fail to show up. If you are experiencing the same problem, you are probably wondering how you can move forward if your partner is hesitant to cooperate. The good news is, you may be able to use legal measures to encourage the other party to participate in sessions and meetings.

Court Requests

If it is without a doubt that your spouse is just making excuses, you may be able to ask the court to force their participation in meetings or request for a default judgment. This means that your case can move forward even if your spouse does not attend meetings.

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Divorce attorneys in Boulder, CO, note that if an illness or accident is the reason for your partner’s absence, the court may reschedule the hearing or meeting.

Mediation and Trial

When it comes to mediation, both spouses will need to attend to come up with a workable settlement. It is impossible for the mediation session to go along without the appearance of another party. In the case of a custody hearing, the trial won’t necessarily have to wait for the spouse. No-shows, however, carries the risk of losing everything in the settlement.

Reminding the Other Party

It is important to do everything you can in reminding your spouse to attend meetings and hearings. You will also need to show the judge that you gave your spouse proper notice of the meeting. Calling them before the session is beneficial. If your spouse, however, fails to respond or attend, you may be able to get what you want in the divorce.

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If you’re dealing with a reluctant spouse, it is best to work with a reliable law attorney to help you determine what to do. The right lawyer can also guide you throughout the settlement and boost your chances of getting what you want.