Thank you for joining me. My name is LaSheena Williams, and I am a Maryland family law attorney. My firm helps our clients take control of out-of-control domestic situations. Today we will be discussing what to do when your spouse fails to appear for your divorce case.
What is a Failure to Appear or Participate in a Divorce Case?
Failing to appear or participate means your spouse has failed to come to any scheduling conferences, settlement conferences, comply with any court orders for mediation, fail to provide any responses to discovery, subpoena requests, essentially failed to participate or act as if this litigation is ongoing in any way.
Will the Court Issue a Court Order if they Don’t Come to Court?
Yes, you can still receive your judgment of absolute divorce or limited divorce even if your spouse fails to come to court. Their failure is not going to stop the litigation from happening. Some people think it’s a good idea to just sort of put your head in the sand and hope that litigation will stop, but that’s just not how the court operates. As long as you can show that service was effective, that they were properly served, that they know about the litigation, the court will make sure that they’re receiving the appropriate notifications and if they fail to actually come to court to participate in any way, then that means that they will ultimately be prejudiced, not be able to produce any evidence, produce any testimony, but you can still get your judgment of absolute divorce entered and any other requests that you may have proved to the court.
Will the Court let them Testify or Present Evidence if they Don’t File Anything at All?
Unlike in a custody case, where the court’s goal is to not act in a way that is outside of the best interest of the children, if your divorce does not involve children or custody is not at issue in your divorce, the court will operate and make court orders. They will not allow your spouse to testify if you file the appropriate documents and request the appropriate sanctions. Quite frankly, it’s not a lot that your spouse can do if they are actively and intentionally refusing to participate in litigation. You can ultimately, if you can prove your grounds, get almost everything you want.
If you have any questions about what to do when your spouse fails to appear or fails to participate in your divorce proceeding or any other family law related issues, contact the Law Office of LaSheena M. Williams at (301) 778 – 9950 or leave an online request for a consultation.
