If I have a court date for an uncontested divorcebut can’t be there, what should I do?

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If I have a court date for an uncontested divorcebut can’t be there, what should I do?

Everything has ran pretty smoothly until now. I’m the plaintiff and filed for an uncontested divorce. The court has set a date that unfortunately is set for a time that I will be out of state on a pre-paid vacation. I mailed and faxed a letter to the court stating I would be out of state the date the hearing was set for. And I also sent a CC: copy to my ex (return receipt). Is this all I can do at this point?

Asked on March 30, 2011 under Family Law, Maryland

Answers:

Denise Ferguson / Denise Ferguson Attorney At Law

Answered 10 years ago | Contributor

In addition to the other answer, you should file a motion asking to be present by telephone OR for a continuance if telephone participation is not allowed and send a copy to your soon to be ex. If you just inform the court that you won't be there, you may find yourself with a dismissed case due to lack of prosecution.

 

Courts deal with things that are requested in writing (motions) and are not always going to respond to notices. How they categorize what you sent them can lead to you finding yourself with a dismissed divorce.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Try calling the judge's court clerk and ask if you can participate in the hearing by telephone instead of being physically present.  Some judges will allow you to participate in the hearing by telephone.


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