Can I get arrested if I do not show up to court if I'm being sued in a divorce procedure?
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Can I get arrested if I do not show up to court if I'm being sued in a divorce procedure?
I don't think it's a crminal offence to miss a court date, even if you are being sued by your spouse. Of course, you are just delaying the inevitable.
Tick
If you were summoned to court and don't show--you can lose your case by default... they will view the divorce as uncontested and rule in your spouses favor.
If you were subpoenaed and don't show--you will be in contempt of court and an arrest warrant will be issued.
I'm not a legal expert in the least--this is just what I came up with by a quick search of the legal terms.
If you don't show up, ( actually there are forms to sign that says you are not showing up and you just agree to everything)
Which is what happens, if they want 100,000 settlement and you don't show up, they win.
What happens if defendant don't show up in divorce court?
There is no "defendant" in a divorce - there is a petitioner and a respondent.Quote:
Originally Posted by marizcorpuz
This question has been answered above. If the respondent does not appear at the court date, they may lose by default.
Incorrect.Quote:
Originally Posted by this8384
Depending on what state you are in, plaintiff & defendant may well be the correct terms.
Great. Here's your cookie.Quote:
Originally Posted by AK lawyer
What state or states would that be? If your making a correction back it up please so we all learn.Quote:
Originally Posted by AK lawyer
I am "Alaska Lawyer". That's how we do it there.Quote:
Originally Posted by califdadof3
Afraid I can't tell you about each of the 50 states.
Then this is strange because according to this website from Alaskan law. It states another opinion.Quote:
Originally Posted by AK lawyer
" The person who starts a case that uses petitions rather than complaints to start the case. In family cases, the terms petitioner and respondent are used in domestic violence cases and dissolutions. This person is the petitioner for as long as the case is open. "
Ref:
Glossary of Family Law Terms
The person who responds to the petitioner. If you did not file the petition to start a court case, and you are named in the case, you are the respondent. In family matters, the terms petitioner and respondent are used in domestic violence cases and dissolutions. This person is the respondent for as long as the case is open.
Other main refference:
http://courts.alaska.gov/selfhelp.htm
I really don't see the reason for an 'attitude' answer, this. Why can't you just say as cal did... back it up AK.Quote:
Originally Posted by this8384
Tick
"the terms petitioner and respondent are used in domestic violence cases and dissolutions."Quote:
Originally Posted by califdadof3
Dissolutions are not the same thing as divorces.Quote:
Dissolution
A mutual agreement to end a marriage, which results in the parties being divorced. Both people must agree on all terms regarding the division of property and debt, as well as the custody and visitation or parenting plan if they have children together.
The original post I was disagreeing with was this:Quote:
Divorce
The ending of a marriage by a court order. In Alaska, the term "divorce" also refers to the contested proceeding used to divorce, as opposed to the un-contested proceeding used to divorce, called a dissolution.
In other words, it goes like this: If two spouses agree to the terms, they can do it themselves by use of court-supplied forms. The forms refer to the parties as "petitioner" and "respondent". This is called a "dissolution", although the end product is the state of being divorced.Quote:
Originally Posted by this8384
The other option, if the parties cannot agree, is for one of them, the "plaintiff", to sue the other (the "defendant"). This is called a "divorce". A divorce decree is eventually entered and they are ultimately,. divorced.
1) You started an argument on a 2% chance of being right - I would be terrified to have you representing me.Quote:
Originally Posted by AK lawyer
2) You still have done nothing to verify your original statement that I was wrong. Aside from copy-and-pasting a few paragraphs about dissolution vs. divorce, there has been nothing to back up your claim.
3) The piggybacked question was regarding non-appearance, not proper legal terms based on jurisdiction. If you can't stay focused on the question... again, terrified to have that type of representation.
Ops... you are both right!
It depends on whether the case is contested or not.
I don't know but in MY divorce (and I just pulled out the decree to be certain and I'm in NY) I am the Plaintiff and HE is the Defendant (on the final decree). Might have something to do with being contested.
Anyway, did any say that a divorce is not a criminal matter so not appearing does not lead to an arrest? If it's been said - sorry.
And, yes, the endless nitpicking gets me down, too. I keep getting corrected by an Attorney who objects every time I say, "I'm in NY and I -" Every time "he" posts, "OP is not in NY." Must have plenty of time on his hands and/or can't read.
A friend of mine is in the process of a divorce. He received a paper from his lawyer that is is Next Week October 4th... only to get a call this am. From the lawyers office asking why he wasn't at court @ 930 am...
Not knowing, and the fault of his lawyer, what happens now?
Quote:
Originally Posted by angel116736
Hi angel, you will have to start your own thread with this question. You are piggybacking on an old thread. To get a better answer I suggest you start over again.
Tick
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