Q: If one spouse is incarcerated and she is the one who filed for divorce, how can she bypass the final hearing?
Her spouse has answered the filing and the final hearing is scheduled for September 12th. She is however incarcerated so she can't attend. The courts will not offer any instruction and everything I have read states an attorney must file the motion requesting she not be required to attend? Is there anything that can be done without an attorney in this matter? The divorce is in Fayetteville, GA
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A: She needs an attorney. If the case has been set for a hearing, and she does not appear, the divorce case will be dismissed. Some counties will not allow for a divorce to be finalized unless an attorney files a specific motion and affidavit.
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