If my husband If he doesn’t show up for our initial status conference, can the divorce continue?

UPDATED: Oct 1, 2022

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If my husband If he doesn’t show up for our initial status conference, can the divorce continue?

I filed for divorce and had divorce paper served on my husband. I do not know if he responded to the divorce. We have an initial status conference coming up soon, and he has stated that he will not be there. He is quite mentally ill, and has left town to stay with his dad, and has not indicated when he will be back. We have no marital property to speak of. He owns the house, our cars are owned individually, and really the only thing that is in both of our names is a joint checking account. I am not entitled to, nor am i asking for anything

from him.

Asked on October 24, 2017 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, your divorce can continue. One party to a legal action or case, including a divorce  case, cannot stop it from going forward by missing court dates or not participating. Usually, the first time or two that someone misses a court appearance or other important date, the court will try to accommodate them and reschedule, so some delays from them missing dates is normal. But if they continue to miss dates or not respond, the case will simply proceed without them having input or right to be heard, and will go forward just on what you say and the information you provide.

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.

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