If I’m representing myself in an uncontested divorce without children and my soon-to-be ex-spouse does not show up to the hearing, do I need to have a witness to be there with me?

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If I’m representing myself in an uncontested divorce without children and my soon-to-be ex-spouse does not show up to the hearing, do I need to have a witness to be there with me?

I’m am also unsure what the process is or if I need to bring any paperwork. I am asking for nothing but a divorce on the grounds of incompatiblity and my soon to be spouse did not reply to the divorce documents.

Asked on September 1, 2015 under Family Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you don't ask for anything and there are no assets to divide, like a home or cars purchased or paid for during the marriage, and she doesn't show up, it would be considered a default on her part and the judge will grant your request. There may be questions that arise regarding such assets or joint debts, which the judge may ask you about but that is about it.


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