Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court
My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us present in court I filed for divorce on November 15th 2021 and have filed for both child support since I have custody of our children and spousal support but no orders have been made the judge will not make any rulings without both of us present and my husband refuses to comply and show up for court I need help because at this point I don't know what to do to get things moving along again I am low income so I do not know what I can afford for an attorney
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- California
- (916) 704-3009
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- Answered
A:
To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default judgment. This can often be granted if he continuously fails to appear.
You should also consider documenting all instances where he has failed to show up. This can include court notices, any attempts at personal service, and any other communication indicating his refusal to attend. Presenting this evidence to the court can strengthen your case for proceeding without him.
Lastly, seek assistance from legal aid services in your area. Many organizations offer free or low-cost legal help to those with limited income. They can provide guidance and may represent you in court to ensure your case progresses. Reaching out to these resources can give you the support you need to navigate this challenging situation.
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