Do I still have to send an order to appear if my spouse signed the marital agreement but he will not be at the final court date in 3 days?

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Do I still have to send an order to appear if my spouse signed the marital agreement but he will not be at the final court date in 3 days?

Does this mean the divorce will not be finalized?

Asked on June 12, 2012 under Family Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You as the Petitioner - the one who filed for divorce - still have to do what the court requires procedurally (the notice is procedural) to obtain the divorce.  Your prooof that it was sent and that he knew will give the court the power to rule in his absence (default).  The court will rule on what is before it.  He will not have the ability to contest anything if he is not there unless he "opens" the default.  Good luck.


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