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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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