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My husband and I are separated. I filed for a dissolution

My husband and I are...
My husband and I are separated. I filed for a dissolution of marriage. He just sent me a text and said he was not going to attend the hearing tomorrow morning. What will happen? We live in Hamilton County, Ohio
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Answered in 13 minutes by:
12/3/2012
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

If your husband fails to appear at the hearing, the judge should enter a default judgment against your husband and grant the relief requested.

It is possible for the judge to continue the hearing and give him another chance to appear, but that is unlikely. Instead, the judge should find that he failed to appear, is in default and should be defaulted.
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,797
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
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Customer reply replied 4 years ago

He did have to attend the hearing.

That's why I threw that caveat in there - - some judges are apprehensive to default a person in a dissolution of marriage case, for some reason. I don't think there's a legal requirement for him to appear if he chooses not to do so, but the judge can have his/her own opinion about the issue and can continue the case and get him there.

Hopefully. the judge issued a subpoena for him to appear at the next court date, which will compel his appearance.

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Roger
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Category: Family Law
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