What Happens if You Miss a Court Date During a Divorce?

Divorce court dates are critical. It’s your scheduled time to advocate for parental and financial rights, and missing the date can lead to a default judgment. This means the issue will be resolved in your absence – and in accordance with your divorcing spouse’s take on the matter – which can leave you with no legal alternative. While emergencies happen and anyone can make a mistake, being on time for court dates should be your top priority. If you are facing a divorce, consulting with an experienced California divorce attorney is always to your advantage.

Failure to Appear in Court

Failing to appear for a scheduled court date without notifying the court in advance can lead to serious consequences. Divorce is an emotionally challenging transition in your life, and missing a court date is a good way to make it more challenging. Missing your scheduled court date can lead to any of the following legal concerns:

• Being charged with contempt of court
• Having a bench warrant issued for your arrest
• Being required to pay a fine

While the court will likely listen to reason if you have a perfectly valid excuse for missing your court date, you won’t do yourself or your case any favors.

The Court’s Position

Even if your failure to appear in court doesn’t lead to legal sanctions, it can color the court’s view of you. If the court proceeds with the hearing and allows your divorcing spouse to present their case, you will have no voice, won’t be able to counter their position, and won’t have the opportunity to defend your own. Your soon-to-be ex’s testimony will become part of the legal record – along with the fact that you were a no-show. Finally, it’s important to note that it can be very challenging to disprove what’s already on the record.

Your Attorney Can Help

It’s not unusual for those facing divorce to experience cascading emotions, and such feelings can interfere with your ability to make decisions that serve your own best interests. When you work with a skilled divorce attorney, you can count on them to help you better understand the legal process, which may help you master some of your emotions and make decisions that help bolster your rights.

If something comes up that makes it impossible to be there for a court date, let your attorney know as soon as possible. If you encounter an emergency that doesn’t come up until the last minute, alert your attorney as soon as you can. And if you’re simply afraid to go to court, don’t hesitate to discuss the matter with your skilled legal counsel. Your attorney appreciates your position and can help you clear this hurdle – without jeopardizing your legal rights.

Reach Out to an Experienced Ventura Divorce Attorney Today

The trusted Ventura divorce attorneys at Bamieh & De Smeth have the experience, legal skill, and compassion to help you successfully navigate the divorce process with your financial and parental rights intact. Your case is important to you and your children’s future, so please don’t wait to contact us online or call us at 805-643-5555 today.