My ex filed for divorce in San Diego county where he lives but my son and I live in another city in California, we agreed on everything as far as child support and custody and he has served me papers but do I have to go to court in San Diego?

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My ex filed for divorce in San Diego county where he lives but my son and I live in another city in California, we agreed on everything as far as child support and custody and he has served me papers but do I have to go to court in San Diego?

He served me with a divorce petition, I live 8 hours away am I going to have to drive all the way over there to go to court? Or since we have agreed to everything can they do it with out me being there physical?

Asked on July 20, 2017 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

Although you and your ex may have agreed on everything, if some issue should arise in court, the judge will most likely rule against you since you won't be present.
The solution is to contact the court and request a telephone appearance.  Then you will be able to protect your rights and participate in the court proceeding.
Ask the court for the form you will need to request a telephonic hearing and the deadline prior to the hearing for filing your request.  If you miss the filing deadline or don't file the proper forms, your request for a telephonic hearing will be denied.


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