Q: My wife is divorcing me. There is a hearing next month. It says it's uncontested, I didn't contest, should I still go?
So my wife originally filed for divorce back in April this year. I was given the divorce papers to contest and sign, but I didn't as we ended up getting back together. So she then requested to put the divorce on hold. Now we've split up and she's filed for divorce again 09/15/17, and it was granted and entered default and there is a hearing next month as uncontested because I didn't contest it. But I didn't because we were back together. Should I still go to the hearing next month and contest there? Will they even hear my case? Or will they just grant her everything she requested on the divorce? We also have a 1 year old daughter who she is not letting me see. Even though we have a court order that says I have visitation rights 3-5 days a week. I really need help.
A: If you decide to contest the divorce, you should determine whether you can file a motion to set aside the default, etc. Litigants generally need to file paperwork in order to be heard in the court, especially when the other party is moving for a default. Also, you may need the assistance of law enforcement to enforce the custody orders. Getting back together with your wife can be an issue in the case. There are many facts that need to be analyzed. More facts are required to provide a thorough analysis.
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