if my ex doesnt show up for our final hearing what happens?

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Latest post 02-01-2012 3:12 PM by Kivi. 7 replies.
  • 01-31-2012 11:09 PM

    • amb25
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    if my ex doesnt show up for our final hearing what happens?

    I have this odd feeling that my ex is not going to show up for our final hearing..if that happens do i automatically win full custody? I live in maine he lives in Massachusettes. Also when we were in mediation we were told to have our witness lists sent to each other and given to the the court 10 days before our hearing niether the court nor i have recieved one so does this mean he is not allowed to have witnesses now?? And am i supposed to send him a copy of my evidence ive been told no and yes so im not sure?? thanks so much!

  • 01-31-2012 11:48 PM In reply to

    • Drew
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    Re: if my ex doesnt show up for our final hearing what happens?

    What does your lawyer say about you send him copies of evidence ?

    In general, IF the other side has asked for something or law requires that you share it with them and youfail to  do so--you have great problems to use it at trial.   The requirement of sharing information are very specific , rule bound--and you best discuss it with counsel.  Ditto as to witness lists--rules favor you not be hit with his "suprise" witnesses.

    My wild guess--send him anything and everything you think you will need at trial that covered by  his requests or law as you best understand it.  But try not to send him anything extra you don't intend to use or were not clearly requested to supply.

    I found that some of my longest and toughest battles were over who was required to give otherside what.--and I lost a few because the enemy was a tad smarter than I thought I was.

    I'm not a fan of giving other side any free ammunition--but if enemy is not represent by counsel and a possible no show --just me--I'd er on side of sending him too much , way too much, bury him --I'd have cleanhands to have delivered everything  --everything--but neatness NOT required. .

    One of my lawyer friends enjoyed games --his client arrived with  boxes of neatly tabulated and cross indexed exhibits in near perfect order-- big boxes  --while in his office lawyer took neat boxes and dumped them in bigger boxes and tossed them about  for 100% disorder and took out  out the  index lists--everything was in there  --but not his job to make it easy--at least as he told the story it was an absolute victory move. Enemy had expected an easy quest and was totally unprepared to do a lot of homework .  I'm not suggesting dump it in garbage bags  --just you don't need to give him an easy job.  I can sure make a box of disorganized records look "neat" --in fact that how my desk looks daily.



  • 02-01-2012 2:32 AM In reply to

    • amb25
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    Re: if my ex doesnt show up for our final hearing what happe...

    I dont have a lawyer niether does he neither one of us can afford one.

  • 02-01-2012 6:11 AM In reply to

    Re: if my ex doesnt show up for our final hearing what happens?

    If you were ordered, or rules mandate, the exchange of 'evidence or witness list", then you must comply with that order or rule.  He may be sitting in Mass thinking while I haven't received her list or evidence as ordered by the court.  Every judge handles the compliance, or lack of compliance with pre trial orders differently;  especially when parties aren't represented by counsel.

  • 02-01-2012 9:58 AM In reply to

    Re: if my ex doesnt show up for our final hearing what happens?

    It is possible you may win custody based on default but you probanly will need to prove you accurate served him, otherwise he can appeal.

  • 02-01-2012 2:14 PM In reply to

    • amb25
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    Re: if my ex doesnt show up for our final hearing what happens?

    i dont know if the rules mandate for an exchange of evidence?? And hes already recieved my witness list i sent that certified hes signed for it and ive gotten the peice he has signed back im just not sure on evidence all the judge told us was witness lists so hopefully ive done enough thanks for everyones help.

  • 02-01-2012 2:28 PM In reply to

    • Drew
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    Re: if my ex doesnt show up for our final hearing what happens?

    You'd be a heck of a lot smarter to look up if you are required  to send him copies of your evidence or information.  TODAY. Some jurisdiction clearly require the exchange of basic financial information  w/o other side asking for it. --no clue what your jurisdiction  requires   Sort it out TODAY, do it.

    If it reads like you need to send it--do it --the last thing you want to do is have judge send you back for a do over because you forgot to send it. or give EX a free excuse for more delay/appeal becuause he never got it.   You may well need to send same to court--so do it.

    If he doesn't send you his stuff--thats not your dirty hands.

    You want clean hands and no steps missed on your side of platter.

     

     



  • 02-01-2012 3:12 PM In reply to

    • Kivi
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    Re: if my ex doesnt show up for our final hearing what happe...

    Drew,

    It looks like this may be a custody dispute as she posted in that particular board, not the child support one. So, financial data may or may not be required.

    I would suggest that the OP review her documents and any local court rules about whether financial or other data is needed and if so what the rules are about sharing it with the other side in advance of the hearing.

    But, if the hearing is strictly about a custoty and/or visitation issue, the financial data may not be needed. Custody is not automatically given to the parent with the most bucks in the bank.

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