If my husband filed for divocrec but I did not show up to court, could the divorce still be granted?

My husband filed for a divorce a long time ago, however I never showed up to the court date. Does that mean that the divorce was granted because he told me that he is married to someone else.

Asked on October 7, 2019 under Family Law, Rhode Island

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, a divorce can be granted in such a situation. It is called a "divorce by default". Since you were notified of the court action and chose to not show up and pariticapte, you forfeited your rights to object to the divorce being granted. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, a divorce can be granted if you do not show up--otherwise, anyone could keep another person married forever, against. their will, simply by not showing up to court or otherwise participating in or compying with the legal proceedings. To know whether it was in fact granted, check with the court under the docket, or file/case, number of the divorce: they can tell you what the outcome was.


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