In an Uncontested Divorce what if the non-filing party doesn't show? (Georgia)

[kukupuffs93]

Hi,

I live in and filed in Gwinnett County Georgia. My to be ex-spouse doesn't want to show up for court since they live out of state. We filed an uncontested divorce with a separation agreement. If they don't show up, would that mean they only waive their right or would it mean the judge will dismiss the hearing? We're both self-representing.

 

[adjusterjack]

If they don't show up, would that mean they only waive their right or would it mean the judge will dismiss the hearing?

Neither. If you have agreed to everything you draft your decree and present it the judge for entry into the records. Your spouse can provide a stipulation that the decree be accepted by the court without her presence.

That was general information. How that's done specifically depends on your local court's requirements and I don't know what they are.

You would be wise to have an attorney draw up the proper papers.

 

[zddoodah]

My to be ex-spouse doesn't want to show up for court since they live out of state.

"They"? Surely you know your spouse's gender, right?

If they don't show up, would that mean they only waive their right or would it mean the judge will dismiss the hearing? We're both self-representing.

If he/she doesn't show up for what? In the context of any given case, there may be any number of court appearances. However, in the context of a truly "uncontested" divorce, I'd be a little surprised if there are any required court appearances, and it's quite common for folks to get a divorce without either of them (or their attorneys) ever setting foot in a courtroom. That said, it's impossible to opine intelligently about the consequences of not appearing without knowing the specifics of the appearance. It's also worth noting that, right now, a substantial volume of court appearances are being handled by phone or Zoom.

 

[Zigner]

"They"? Surely you know your spouse's gender, right?

"They" is an accepted gender-neutral singular pronoun.

https://www.merriam-webster.com/dictionary/they

Definition of they
...
—used to refer to a single person whose gender is intentionally not revealed

If you really feel that it somehow makes a difference, legally speaking, it appears that the OP is referring to their wife.


For reference:

https://forum.freeadvice.com/threads/divorcing-wife-applying-for-citizenship.655078/
https://forum.freeadvice.com/threads/splitting-up-assets-and-money.655123/