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DearCustomer- No one can make you fight the divorce however judges do not appreciate it when a party simply does not show up for a hearing. I assume you filed an answer in this case if you are the defendant. You can file a written withdrawal of the answer and state that you no longer wish to contest the allegations in the complaint.
The judge may require you to appear at least one more time to testify that this is your desire. I cannot imagine that the judge is going to make you continue your contest of this action. If that happens all you can do is attend and keep your mouth shut. I have never in all my years of practice seen a judge force someone to contest a divorce and I'm quite certain you won't have to either.
David Kennett - JD - Attorney at Law
Frankly I can find no law anywhere that would force a defendant to fight any court case. It may be that you have to show up and when asked questions you can just say you don't want anything from the divorce and that you agree with everything that the other side is saying.
This is really absurd in that the court is totally wasting time with all this. The clerk is probably correct that you must attend but certainly when you do attend you can tell the court you are not contesting anything about the case and that you agree with the other side. The court can't make you say something contrary to what you want.
I would simply go to the next hearing and state your case to the judge. It may be that this court does not permit a written withdrawal in this situation which means you at least have to appear even if you don't want to contest anything. Nobody, the judge, clerk or lawyer can make you testify to something just because you are in court.
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