If my husband If he doesn’t show up for our initial status conference, can the divorce continue?

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If my husband If he doesn’t show up for our initial status conference, can the divorce continue?

I filed for divorce and had divorce paper served on my husband. I do not know if he responded to the divorce. We have an initial status conference coming up soon, and he has stated that he will not be there. He is quite mentally ill, and has left town to stay with his dad, and has not indicated when he will be back. We have no marital property to speak of. He owns the house, our cars are owned individually, and really the only thing that is in both of our names is a joint checking account. I am not entitled to, nor am i asking for anything

from him.

Asked on October 24, 2017 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your divorce can continue. One party to a legal action or case, including a divorce  case, cannot stop it from going forward by missing court dates or not participating. Usually, the first time or two that someone misses a court appearance or other important date, the court will try to accommodate them and reschedule, so some delays from them missing dates is normal. But if they continue to miss dates or not respond, the case will simply proceed without them having input or right to be heard, and will go forward just on what you say and the information you provide.


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