Time and time again I have divorce
and family law clients ask me, “What if I don’t show up for court?”, “Do I have
to go to court?”, or “Can you get me out of going to court?”. I suppose the
reason why I get the question so often is because divorce and family issues can
be very emotional and facing a soon to be ex-spouse can evoke serious feelings
of dread.
There is generally one instance in
which you would not have to go to court and it would not be detrimental to you.
If you are out of state, or country, or on family emergency and it would cause
you undue hardship to attend a hearing, and your attorney says he/she could
conduct the hearing without you, then (in Massachusetts) he can file a Waiver
of Appearance on your behalf. Once the judge approves, your attorney would
essentially speak in your stead should the judge have any direct questions.
You do not have to go to court in
every instance. For example, you do not have to show up every ‘hearing’ your
attorney sets up on ‘temporary orders’ but you should really consult your
attorney before you decide not to go. Most motions are supported by evidence
and if your evidence is clear and in black & white, your testimony will not
be needed. However, while your attorney knows most of your story, something may
come up where you have the crucial detail that might win the motion. Still, if
you do not want to show up you should ask your lawyer about each instance and
do not decide that matter for yourself.
If you were served a subpoena, then
yes, you must go to court. Not going to court in this instance may result in an
arrest warrant being issued. Under certain circumstances, people still do not
show up but are well advised to inform their attorney in advance and send a
friend or family member to court to explain your emergency absence.
If you are scheduled for trial then
you will need to be in court. You will be called as a witness and it is in your
absolute best interest to be there so that your side is accurately submitted to
the court. Missing your own trial would most likely result in a default
judgment against you. This means that the judge will call to hear you, hear
nothing, and side with the other party. The moving party will still need to
show proper service and to prove the facts of their case (as they would in a
motion) but there would be no counter argument which means most times, a win by
default. Again, you are well advised to go to court if you have any hope in
winning.
Before deciding which day
you decide to go to court and which day you don’t, consult your attorney. There
are always factors that you may not have thought of and it is usually in your
best interest to go.
If you’re a Massachusetts local and
in need of legal representation for divorce and family law matters, I would be
very pleased to help. Please visit my website for my contact information.
Robert Finlay – Attorney at Law
www.finlaylegal.com
