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

If your spouse fails to show up for a military divorce hearing in North Carolina, the court may proceed with the hearing without their presence. The court may also grant a default judgment in favor of the filing spouse. A default judgment is an order entered by the court declaring the divorce granted and dictating how marital property and debts will be divided. You will need to make sure that you have taken steps to properly notify your spouse of the hearing. Under the Servicemembers Civil Relief Act, your spouse must be served with notice of the hearing, either in person or by mail. Additionally, you must show proof of such notification at the hearing. If your spouse still fails to show up for the hearing, the court may hear the testimony of witnesses and consider evidence related to the issues in the divorce. The court will then issue an order based on the evidence presented, even in the absence of your spouse. It is in your best interest to attempt to contact your spouse and reach a divorce agreement before the hearing. This will hopefully avoid delays and the need for a default judgment. If you are unable to contact your spouse, you will need to go through the court process. Ultimately, the court will issue an order that you must abide by.

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