My husband and I agreed to let me take the kids, but divorce is not final. Now, I received court date to appear in California but can't make it.

I am going to file for divorce here in Texas, what will the court due if I don't show up to court in California.Can I get in trouble.:confused:

In California, the courts have a great deal of latitude. I would strongly suggest that you make every effort to appear possible, or that you contact the court as soon as possible to let them know of your delima. The court will often give an unrepresented party advice on how to get representation, or how find help. PLEASE do not chance not showing-up for court!

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Originally Posted by chicken4me

My husband and I agreed to let me take the kids, but divorce is not final. Now, I received court date to appear in California but can't make it.

I am going to file for divorce here in Texas, what will the court due if I don't show up to court in California.Can I get in trouble.:confused:

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You're not going to get in trouble by not showing up. But what happens depends upon what the case is set for. If a trial, the court will off-calendar the trial with no appearances, not dismiss the case. If husband shows up the court may just decide the case in your absence based only on what your husband has to say.

Why would you want to file for divorce in Texas if you already have a California case going? And if you have kids the Texas court doesn't have jurisdiction to make custody or support orders if the dad has remained in California. So you are probably just wasting your time filing in Texas because the Texas court may just throw the case out if the judge hears the dad still lives in California and there was a California case pending involving custody and support of the kids.