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    ddeight's Avatar
    ddeight Posts: 1, Reputation: 1
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    #1

    Jan 16, 2009, 09:39 PM
    Should defendant in divorce be present at hearing
    A friend has been served and the divorce hearing is soon. She is living in another state and has been for a year, not by choice. Should she come to the divorce hearing? She does not have a lawyer, and does not want the divorce. Can she do or say anything at the hearing?
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jan 16, 2009, 10:19 PM

    She needs to read the complaint; it should specifiy a time by which she should make an answer, either admitting or denying the allegations in the complaint. In my jurisdiction, a defendant who doesn't answer the complaint waives his right to notice of all subsequent hearings. The plaintiff can go to court and say whatever he wants. And, in many instances, the judge will award whatever is asked. Remember, divorce is an adversary proceeding and the court is not going to look after you. Justice may be blind, but you must participate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 16, 2009, 10:40 PM

    If she can agree and live with the terms requested in the divorce filing, she does not have to appear.

    When she does not appear the other sides just wins everything they asked for.

    So what they are asking for, is it OK and agreeable,

    Note you may be able to delay a divorce but not stop it from happening
    div2wice's Avatar
    div2wice Posts: 103, Reputation: 1
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    #4

    Jan 16, 2009, 10:55 PM

    Yes if she agrees with everything, then she won't need to appear but if there are things she does not agree with, it would be in her best interest to not only appear, but to contest the divorce paperwork. This way she can give her side of the story to the judge. If she is served and does nothing, she will then forfeit her rights to a fair trial.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 17, 2009, 07:09 AM
    Quote Originally Posted by ddeight View Post
    A friend has been served and the divorce hearing is soon. She is living in another state and has been for a year, not by choice. Should she come to the divorce hearing? She does not have a lawyer, and does not want the divorce. Can she do or say anything at the hearing?


    What are the grounds for the divorce and are they correct. And what State.
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