Do you have to go to court for all divorces?

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Do you have to go to court for all divorces?

I have been served and the service stated I can respond but I do not have to show up for court.

Asked on May 23, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

This is really not a yes or no answer.  It depends.  Some states allow divorces that have been worked out (all the property settled, support issues taken care of) "on submission" and no party has to appear.  If you did not anwer then you would be "in default" and you would not have appeared.  First, you need to answer the petition so that you do not waive any rights.  And I am not a fan of "not appearing" in an action or court proceeding so understand that I think it is always best to go or to have an attorney go for you.  Good luck.


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