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I filed for divorce in August and my husband has not yet filed an appearance. Will he be notified of the case management date?
Anonymous4 views3 answers
I filed for divorce and am a self-represented party. We have no major assets and no children. There is a protective order in place that prevents contact between us.
Wade Paul LutherDivorce / Separation LawyerOrlando, FL ·
You need to check with an attorney licensed in your state. However, if he has failed to make an appearance, you may be able to obtain a default against him. Typically, once a default is entered, he is may not be entitled to notice.
You post is unclear as to whether the protective order is in the divorce case or a domestic violence case.
Even if the court does give him notice it does not seem that you have much to worry about.
Wade P. Luther
Orlando Divorce Attorney
Family Law of Orlando
www.FamilyLawofOrlando.com
There will be no notice from the court about the CMA date besides the fact that it was contained in your original divorce papers served on him. In that form you can request a divorce date from the court which also will not be sent to your husband by the court. Most judges require some sort of proof that someone seeking a divorce judgment on a specific date, time and place without the other side appearing or present. Also important is whether your husband is a resident of Connecticut or not. Most prudent course is to provide your husband written (email) notice of the date and time you will be asking the court to enter a divorce judgment and bringing that proof to court. If your husband does not respond to the email, then call him prior to judgment and also tell him the date and time as well as the fact you sent him an email. Do it on a cell phone to have proof you called prior to judgment. Check without he clerk's office for which days the Court permits uncontested divorces to go forward Good luck
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
The court will not send notification. If your husband is also self-represented, then because your protective order "prevents contact" between you and your husband, I recommend you have someone else mail him notification of the case management date, and that the mail is sent with tracking and delivery confirmation such as USPS Certified mail or Priority mail. If you husband has an attorney, then contact his attorney to be sure the attorney is aware of the court date. Good luck!