Is it necessary to appear in court for divorce?
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Is it necessary to appear in court for divorce?
There are no official Court proceedings needed to make the separation legal. Marriage, however, is a legal relationship and can only end by a Court Order granting a divorce. To get a divorce in Alberta, you must have lived in the province for at least 1 year.
What can I expect at a divorce hearing?
With a hearing, the judge will consider evidence and testimony on one or more aspects of your divorce, perhaps child custody or visitation or temporary alimony, for example. The judge will render a decision on those issues only, removing some of the roadblocks and answering some questions about your divorce.
What happens when you miss your divorce court date?
If you miss your court date, and you are found guilty in your absence, you may be able to apply to have the decision annulled (cancelled). You can file an Annulment Application at any NSW local court, but your matter will be listed at the same court where the original decision to find you guilty was made.
What happens if the defendant fails to appear in Family Court?
If the Plaintiff does not show up for the trial and the Defendant does appear, if the Defendant asks, the Court may dismiss the case without prejudice. If the Plaintiff does refile the case and again fails to appear at trial, the Small Claims Rules say the Court may dismiss with case with prejudice.
