I am not the petitioner but would not like to be present and would just like my lawyer to go in my stead and handle it all for me. Is this possible?
2006-10-15 15:53:19 · 7 answers · asked by ? 2 in Family & Relationships ➔ Marriage & Divorce
I don't think you actually have to be there if you are not contesting the terms of the divorce. Ask your attorney but my take on it that if you do not show up then whatever your ex is asking for in the divorce will be granted if you are not there.
2006-10-15 15:59:37 · answer #1 · answered by B 7 · 0⤊ 0⤋
The only time you should even consider not going is if your divorce is totally uncontested. If there are no kids or property involved, then, you should ask your lawyer if he/she thinks it is ok for you to skip the final proceedings.
However, if there is anything at all in question - even the smallest thing - then you absolutely positively should be there. Once the gavel comes down, it's really, really hard to get things changed or amended, so, you need to be there BEFORE the judge makes everything final.
If the reason you don't want to go is because you think it will be too difficult emotionally, then ask a trusted friend or family member to go with you. As difficult as this thing is, it can represent closure, and it could help you on your road to healing.
Be strong, and be smart. You will get through this, I promise.
2006-10-15 16:07:34 · answer #2 · answered by happy heathen 4 · 0⤊ 0⤋
If there is a hearing then you have to go unless other arrangements have been made prior. When I got my divorce he lived in New York and I lived in California. The divorce was in New York, but I couldn't afford to go there, and couldn't afford to fly my lawyer there either. So the hearing was waived, however this was because it was a fairly amicable divorce, almost no fault as we had already divided up the property and our joint bank accounts ourselves before I returned to California. All that was left was getting in writing the judgement of his 401, AF retirement and child support which was done easily over the phone.
If you have a court date and have been supeoneaed to appear you have to go.
2006-10-15 17:48:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I wasn't but everything was settled before the divorce so the lawyers just showed up
2006-10-15 15:56:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Usually you draw up the decree BEFORE you go to court, and the judge just asks if you both agree to it.
No, you dont have to go.
I think it is pretty weak not to go.
My ex didnt go, and that pretty much summed up her character...i hope you are different
2006-10-15 16:01:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it takes all of 30 mins-you have to go so just get it over with. then go get drunk and enjoy your freedom
2006-10-15 15:56:51 · answer #6 · answered by rwl_is_taken 5 · 0⤊ 1⤋
u have to go to the court....u have to be there....
2006-10-15 15:55:06 · answer #7 · answered by Ashlee_Hbiba 3 · 0⤊ 0⤋