Will a bench warrant be issued if you do not show up for acourt date regarding a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will a bench warrant be issued if you do not show up for acourt date regarding a divorce?
My husband filed for divorce. We went to the court setting date. He then changed his mind and neither one of us went to the trial date. We would like to file for a dismissal. One of his friends told us there might be a warrant out for failure to show. Is that true. I thought it would only be if one showed and the other didn’t. In this case we both did not go.
Asked on September 20, 2010 under Family Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Bench warrants are only issued in criminal cases. A divorce proceeding is a civil matter. Therefore, no bench warrant has, or can be, issued is such a case a yours. You should however, follow up on your case with the court. you may need to file a dismissal. Ask the clerk of the court what your next step should be.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.