Q: If the defendant in a divorce hearing in SC is in default, will it matter if he does not show up to the final hearing?
I live in SC. I filed for a divorce--super easy nothing to split and joint custody, no disputes. Defendant also wants a divorce, been apart for over 4 years. However, he did not turn in the required paperwork and has not responded if he will attend the hearing. Will this be a problem if he does not bother showing up? Will the judge still grant the dicorce?
A: Under Family Court Rule 17, the judge can hold the Defendant in default and grant the relief requested by the Plaintiff, even if the Defendant does not appear at the hearing; provided, the Defendant must have been given proper notice of the hearing (which, for a final hearing, means the notice has to be mailed certified with a registered receipt).
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