Now what?

hterry85

DH just got done at the pre trial. It went fast since BM and her lawyer didn't show. All they did was postpone till the 24th. So now what? That has to look really bad for her doesn't it? Makes me wonder if she plans to agree to everything and is just putting it off as long as she can. (That's what she did when they went to court for SS last name, only she at least showed up) I don't what to get my hopes up though.

twister22

How annoying. Hopefully it reflects badly on her, but some judges don't care if it only happens once.

Hopeforthebest

If no notice is given and they just don't show up, why does it not just get thrown out. Period The End?! UGH I hate the legal system.

CFjo2010

Hopeforthebest:

If no notice is given and they just don't show up, why does it not just get thrown out. Period The End?! UGH I hate the legal system.

In most States parties are given a "freebie" failure to appear. If the Judge makes orders due to a party's FTA, the party can easily get it vacated. It sucks, but it's done that way for a multitude of reasons: counsel didn't tell the client, calendar error, notice not properly given to counsel, etc. Sometimes sanctions will be imposed in counsel, but it depends on the Judge.

OP, I hope things get resolved soon. I know how frustrating it is when these hearings get drawn out.

HChad

I can only reply based on our situation.  In FL, DH did not appear based on lack of service.  Neither party appeared, so the motion was denied.  The motion was for Relocation with a Minor Child.  ExW filed the motion, than left the state before the hearing with SD.

 We have a very interesting case going now with ExW.  She's filing motions and refusing to serve.  Our lawyer has reached out requesting service and has been denied by ExW.  We'll see how this goes, but our lawyer is hopeful.  ExW has been threatened with legal action by our lawyer if she does not comply with proper service, so we'll see. 

Nineoceans

In our case Bm was late all the time and didn't show at least twice and it wasn't a big deal, it was just rescheduled for the following month. That's why our case has dragged out forever

HisChamaoleGirl

In our case BM and her representation didnt show up for 11 straight hearings. The one they did show up for was to say they were not ready and to ask for a continuation. Bottom line was BM knew DH was deploying and his pay would go up for the duration of the deployment and wanted CS increased based on the income. The judge never did do anything about them never showing up tho. It was a complete waste of time and money .