Don’t Make It Harder on Yourself
A divorce may not be the first item on your lists of fun things to do, but treating divorce related appointments, court dates and interactions with respect and urgency is important in retaining your parental rights, assets and other marital property. Unless you have a true emergency, you should not miss a court date during your divorce. If you do, there are things to consider and various consequences to your actions.
Missing a court date is considered a violation of a court order, which means you are risking being held in contempt of court. Contempt of court means you knew about the order, you knowingly violated the conditions despite being physically able to comply and you are lacking a reasonable excuse as to why you did not comply.
Our team of Louisville divorce attorneys at Louis P. Winner can help if you are facing a divorce, or if you are considered in contempt of court during your divorce. Do not take the potential consequences lightly, it pays to seek legal counsel from experienced lawyers on our team.
Consequences of Missing Your Divorce Court Hearing
There are several ways that a judge can choose to handle a missed court date during a divorce, including:
- Default Judgement: If you have not appeared nor filed a written response to a divorce petition, the judge may make a default judgment, granting the divorce. This default judgement may not settle all agreements regarding child custody, support or alimony but in some cases, it does. Granting a default judgement could cost you if your spouse requested substantial alimony, as shown in one case of missed court appearance where an actor missed his court date, resulting in thousands of dollars awarded monthly to his ex-wife in alimony. As evidenced in this example, a default judgement will not be in the favor of the absent party and can often result in your paying higher alimony or child support or an unfavorable child custody agreement.
- Reschedule: If you are lucky, the hearing may be rescheduled, at which time it is in your best interest to appear for the second date, so as not to risk a harsher reaction the second time.
- Criminal Penalties: Being held in contempt of court is the worst-case scenario for your case, which can result in criminal penalties or even jail time.
Let Us Stand by Your Side
If you are facing a divorce and are worried about missing court, it is best to retain counsel from an experienced Louisville divorce lawyer from our team. We understand how overwhelming, frustrating and exhausting the divorce process can be. Our team can help to move the process forward, so that you may begin to rebuild your life. Let us represent you during the legal process of divorce so you can focus on what really matters, your children and your future.
Contact out team to discuss your divorce at (502) 812-1889.