I had my wife served with divorce papers while I was in jail do i need to still show up

UPDATED: Oct 1, 2022

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I had my wife served with divorce papers while I was in jail do i need to still show up

I was serving a long sentence in jail and was unable to make it to my
hearing i was wondering if they would still grant it if neither party
was there for the hearing

Asked on November 30, 2017 under Family Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if the person who filed a court case, including for divorce, fails to appear for the hearing date, the relief requested by the filing party (here, the divorce) will not be granted and, more generally, the case will typically be dismissed without prejudice, which means it must be refiled. The court and law assumes that if the person who brought a case does not show up, that he is no longer interested in the matter or does not want what he originally asked for.

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.

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