Will a bench warrant be issued if you do not show up for acourt date regarding a divorce?

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Will a bench warrant be issued if you do not show up for acourt date regarding a divorce?

My husband filed for divorce. We went to the court setting date. He then changed his mind and neither one of us went to the trial date. We would like to file for a dismissal. One of his friends told us there might be a warrant out for failure to show. Is that true. I thought it would only be if one showed and the other didn’t. In this case we both did not go.

Asked on September 20, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Bench warrants are only issued in criminal cases. A divorce proceeding is a civil matter. Therefore, no bench warrant has, or can be, issued is such a case a yours. You should however, follow up on your case with the court. you may need to file a dismissal. Ask the clerk of the court what your next step should be.


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