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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.