What happens if my ex husband fails to appear in court?

UPDATED: Sep 30, 2022

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What happens if my ex husband fails to appear in court?

My divorce was final about 2 1/2 years ago. The final judgement regarding dispersement of community property was handed down in 14 months ago. All monies were accounted for, all that was needed was signatures from my ex. Some of the monies were to be paid forthwith, per the judge. As of today, my ex has not given me a dime, and he has refused to sign any of the paperwork. We are talking a

few hundred thousand dollars. I was able to get a court date for this Friday. He was served, however, I am afraid he is not going to show. Will they issue a bench warrant? And if so, is that done immediately? He is in violation of a court order. He has done nothing he was ordered to do, and it’s been 15 months. Now I’m predicting he will have a failure to appear. Will you please give me your opinion on what might happen, and what the judge might do?

Asked on March 22, 2017 under Family Law, California


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

Answered 5 years ago | Contributor

I am hoping that this gets to you while you are in court.  In New York, after all he has done, you can ask the court to appoint you as signtory on his behalf and issue an order allowing same.  Then it will really be done.  The issue as to the settlement is that his non-compliance has to be reduced to an order and judgement so that you can execute on same.  I think that it is time to get some legal help.  Good luck.

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