Tatafo Attorney

"You said you wanted a divorce, yet you didn't show up when you were served. Please don't avoid customary court for the 2nd time on June 23rd..."

Those were the words actress Peggy Ovire posted online about her estranged husband, Frederick Leonard.

The post has sparked a legal question: Can a divorce case continue if one spouse refuses to show up in court?

The simple answer is yes.

Many people believe a case automatically stops when a party stays away. That's not how it works. What matters is whether the person was properly served with the court process (petition), issued hearing notices and given an opportunity to be heard.

A spouse/ Respondent can appear personally, send a lawyer, or choose not to participate. Where a party repeatedly ignores court proceedings after being properly served, the court may proceed in their absence and determine the matter based on the evidence presented.Once the court is satisfied that the marriage has broken down and the evidence supports it, the case can proceed..

So legally, the issue isn't whether someone attends court in person. The real issue is whether the marriage has broken down and whether there is enough evidence to support its dissolution.

The takeaway?if you're involved in a divorce matter Don't assume avoiding court will stop a case. It may simply continue without you.

Most importantly, allow the court process to run its course and avoid fighting legal battles on social media. Evidence presented before a court carries far more weight than allegations exchanged online

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