If Ifiled for a divorce 6 months ago and have a status conference this month, what happens if my husband does not appear?

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If Ifiled for a divorce 6 months ago and have a status conference this month, what happens if my husband does not appear?

My spouse does not want to appear at court but I want to be sure that the divorce is finalized. If he doesn’t show up is the case dismissed and I have to file all over again or am I granted the divorce automatically because he didn’t show? Also, he did not respond when I filed initially, no contest.

Asked on January 3, 2012 under Family Law, California

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

In Massachusetts, if a party does not show up at the pretrial/status conference, the court has to option to finalize the divorce on that date.  Basically, the court will ask you what you are looking for and you can tell the judge. (You win by default).  In certain cases, the judge may go ahead and schedule the matter for a trial date, rather than entering the default against the other party.  If neither party shows up, then the case would be dismissed and you would have to refile the divorce.


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