My sister-in-law filed for divorce a year ago. Now she and my brother have to go to court. They have a 5 year old kid. The question is: Can he skip court? He doesn't want anything to do with this and doesn't even want to see her. From my own experience, when I got divorced my ex didn't show up and we still got divorced without a problem. However, in this case they have a kid. Does my brother need a lawyer? Thanks for any advice.
2007-03-13 04:12:44 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I never once went to court for my divorce. My lawyer appeared. But as the respondent, there was no need for ME to be there. I was represented, but I never appeared.
I signed the agreement in my lawyers office, my ex-signed it. The two lawyers and her appeared and the judge signed off.
2007-03-13 04:29:55 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
The problem is that if he doesn't show up, the judge will award her with most anything she asks, including visitation. He should get a lawyer. He can just send the lawyer and not go... but he needs to be represented either by a lawyer or himself in court! How is he going to share custody if he can't even go to court? He might benefit from a few sessions of counseling...
2007-03-13 04:23:10 · answer #2 · answered by Me 4 · 0⤊ 0⤋
Yes he needs to get a lawyer if he doesn't the judge will stick it to him and he will not have any say so in any of the kids life as far as custody and will pay up the but with child support the judge will give all that is asked for from the wife to the wife.
2007-03-13 04:17:49 · answer #3 · answered by Mary O 6 · 0⤊ 0⤋
If your brother agrees with the terms of the custody issue (why did it take a year?) then there should be no reasons this even needs to go to court. Sounds to me as if he doesn't agree to all of the terms and therefore yes he does have to appear. His non appearnce will only grant her everything she asks for.
2007-03-13 04:39:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He should seek advice from a lawyer at the very least but I don't think he needs to show up. Of course, he may get screwed if he doesn't but again that is just my opinion.
2007-03-13 04:23:09 · answer #5 · answered by H.B.K. 2 4 · 0⤊ 0⤋
He can skip court but it is not to his benefit if there is property and assets to divide. He should go and get a lawyer and know his rights or he could get shafted!
2007-03-13 04:18:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
he or at least his attorney need to show up or else the divorce is granted with whatever requests she makes including all rights to the child. if for no other reason then he needs to fight for whatever rights to his child. don't believe her if she tells him she won't try to screw him over. he needs to hire an attorney and quit trying to run from it which it sounds like he is trying to do with your comment that he doesn't want anything to do with this. he is already right smack dab in the middle of it like it or not.
2007-03-13 04:24:54 · answer #7 · answered by a very happily married woman 3 · 0⤊ 0⤋
He needs a lawyer to protect his rights. If he doesn't he's gonna get the shaft, your sister in law has one and I can bet they will try to get every penny they can out of him.
2007-03-13 04:37:12 · answer #8 · answered by 7S282 4 · 0⤊ 0⤋
my ex didn't show up and we had 2 small children at the time. we had already worked out the child support and visitation before that. the judge asked me a few questions and then my witness(my mom) and that was it.
2007-03-13 04:27:15 · answer #9 · answered by lynnie 3 · 0⤊ 0⤋
He doesn't have to show up. However, if he is not there, she can ask for anything and is more likely to get everything she asks for without him to contest it. She could end up with full custody and all of his property.
2007-03-13 04:19:38 · answer #10 · answered by fly guy 4 · 1⤊ 0⤋