What if my spouse does not show up for a military divorce hearing?

If your spouse does not show up for a military divorce hearing in California, you can still proceed without them. If the court is satisfied that your spouse has been properly served the court papers, they can grant the divorce despite your spouse’s absence. The court can make a determination on the division of assets and debt, child custody and visitation, support, and other matters related to the divorce without your spouse present. However, if the court is unable to make use of the proper service for the papers, it will likely order another kind of service. This can be more time consuming and costly. It is also possible that the court could dismiss your case. In this case, you would have to re-file the divorce petition and pay another filing fee. It is highly recommended that you seek out legal advice from an attorney if your spouse does not show up for a military divorce hearing. An attorney can provide guidance and help prepare for the hearing, as well as advise you on the correct steps to take. This will give you the best chance of having the court rule in your favor.

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