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        <title><![CDATA[attorney - Alan R. Burton Attorney at Law]]></title>
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        <link>https://www.alanburtonlaw.com/</link>
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                <title><![CDATA[What Happens if Your Spouse Fails to Appear in Divorce Court?]]></title>
                <link>https://www.alanburtonlaw.com/blog/what-happens-if-your-spouse-fails-to-appear-in-divorce-court/</link>
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                <dc:creator><![CDATA[Alan R. Burton Attorney at Law]]></dc:creator>
                <pubDate>Fri, 06 Nov 2015 21:28:03 GMT</pubDate>
                
                    <category><![CDATA[Divorce]]></category>
                
                    <category><![CDATA[Divorce Procedure]]></category>
                
                
                    <category><![CDATA[attorney]]></category>
                
                    <category><![CDATA[court]]></category>
                
                    <category><![CDATA[divorce]]></category>
                
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                    <category><![CDATA[spouse]]></category>
                
                
                
                <description><![CDATA[<p>Many individuals who are facing divorce have never been to court before. While some simpler, uncontested divorces may only require one, or even no court appearances, other cases that are contested and/or involve complex issues can require both spouses to be present at numerous hearings before their dissolution of marriage is final. While court hearings&hellip;</p>
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                <content:encoded><![CDATA[
<p class="has-text-align-left"><span style="font-weight: 400;">Many individuals who are facing </span><a href="/family-law/divorce/"><span style="font-weight: 400;">divorce</span></a><span style="font-weight: 400;"> have never been to court before. While some simpler, uncontested divorces may only require one, or even no court appearances, other cases that are contested and/or involve complex issues can require both spouses to be present at numerous hearings before their dissolution of marriage is final. While court hearings may be inconvenient and may interfere with work or other schedules, it is highly important that you take these appearances seriously. Additionally, if your spouse fails to appear in court, there can be consequences for them and effects on your case.</span></p>



<p><span style="font-weight: 400;">The consequences of failing to appear without previously notifying the court can vary depending on the type of hearing scheduled, the reason for the hearing, and the reason for the failure to appear. For example, the following can occur:</span></p>



<ul class="wp-block-list">
<li><span style="font-weight: 400">If your spouse fails to appear at the first court appearance and has also not filed a written answer to your divorce petition, you may request that the judge enter a default judgment granting the divorce. While your marriage may be dissolved with a default judgment, other issues including child custody or </span><a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html" target="_blank" rel="noreferrer noopener"><span style="font-weight: 400">property division</span></a><span style="font-weight: 400"> may not be settled</span></li>



<li><span style="font-weight: 400">If your spouse does not come to a hearing to decide certain issues in the divorce, the judge may either reschedule the hearing or may decide the issue based on your testimony alone, which can often work in your favor.</span></li>



<li><span style="font-weight: 400">In some cases, if the you believe your spouse is intentionally not showing up to hurt the case, you can ask the judge to hold them in contempt of court and they may face criminal penalties and an arrest warrant can be issued.</span></li>
</ul>



<p><span style="font-weight: 400;">A former Florida state senator was held in criminal contempt after he failed to show up at two different divorce hearings and failed to give one of their dogs to his wife as ordered by the court. His appeal of the contempt finding went all the way to the Florida Supreme Court and has </span><a href="http://miamiherald.typepad.com/nakedpolitics/2015/11/florida-supreme-court-diaz-de-la-portilla-didnt-actively-flout-court-in-divorce-dispute-over-dogs.html" target="_blank" rel="noreferrer noopener"><span style="font-weight: 400;">recently been sent back to the trial court</span></a><span style="font-weight: 400;"> due to due process considerations. This case goes to show how a failure to appear can drag out legal issues as the failure to appear occurred in 2011 and the case is still persisting.</span></p>



<h2 class="wp-block-heading" id="h-contact-an-experienced-boca-raton-divorce-lawyer-for-help-today"><strong>Contact an Experienced Boca Raton Divorce Lawyer for Help Today</strong></h2>



<p><span style="font-weight: 400;">The consequences of missing any kind of court date in the course of divorce proceedings can be severe. The good news is that, if you have a qualified Boca Raton family law attorney handling your case, they can represent you in court and can ensure that you remain fully informed and aware of all hearing dates. Having a lawyer by your side can make court appearance much less stressful and intimidating and can result in a much more favorable outcome of your case. Divorce attorney </span><a href="https://www.alanburtonlaw.com/"><span style="font-weight: 400;">Alan R. Burton</span></a><span style="font-weight: 400;"> can help you through every stage of your divorce case, so please do not hesitate to call us at 954-229-1660 to discuss your situation today.</span></p>
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                <title><![CDATA[“Divorce Selfie” Trend Shows That Divorce Can Be Amicable]]></title>
                <link>https://www.alanburtonlaw.com/blog/divorce-selfie-trend-shows-that-divorce-can-be-amicable/</link>
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                <dc:creator><![CDATA[Alan R. Burton Attorney at Law]]></dc:creator>
                <pubDate>Mon, 07 Sep 2015 16:52:58 GMT</pubDate>
                
                    <category><![CDATA[Divorce]]></category>
                
                
                    <category><![CDATA[amicable]]></category>
                
                    <category><![CDATA[attorney]]></category>
                
                    <category><![CDATA[divorce]]></category>
                
                    <category><![CDATA[selfie]]></category>
                
                
                
                <description><![CDATA[<p>In recent months, a new trend related to divorce has been going viral on social media. Known as the “divorce selfie,” a photo will show couples together just after their divorce is finalized. Most couples who have posted these divorce selfies say that the photos are not intended to make light of divorce, but that&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p><span style="font-weight: 400;">In recent months, a new trend related to </span><a href="http://www.news-press.com/story/news/2015/09/03/viral-rise-divorce-selfie-florida-couple/71637702/" target="_blank" rel="noreferrer noopener"><span style="font-weight: 400;">divorce</span></a><span style="font-weight: 400;"> has been going viral on social media. Known as the “</span><a href="http://www.news-press.com/story/news/2015/09/03/viral-rise-divorce-selfie-florida-couple/71637702/"><span style="font-weight: 400;">divorce selfie</span></a><span style="font-weight: 400;">,” a photo will show couples together just after their divorce is finalized. Most couples who have posted these divorce selfies say that the photos are not intended to make light of divorce, but that they can serve many purposes to make post-divorce life easier.</span></p>



<p><span style="font-weight: 400;">First, if the divorced couple has kids and will share custody, these pictures demonstrate a united front and seem to indicate that the former spouses are willing to cooperate. Additionally, the photos can show family and friends that the couple is accepting of the dissolution of their marriage and still respect each other. This can make social interactions or events with mutual friends easier and less awkward in the future. While a divorce selfie will, of course, not solve all of the couple’s problems, it can represent a positive attitude toward the divorce process and moving on.</span></p>



<h2 class="wp-block-heading" id="h-cooperation-can-make-the-divorce-process-easier"><strong>Cooperation Can Make the Divorce Process Easier</strong></h2>



<p><span style="font-weight: 400;">If a couple is willing to work together to come to mutually favorable agreements regarding the terms of their divorce, the marriage can often be dissolved in less time with less cost. Couples can reach agreements regarding division of property and debts, spousal support, child custody and parenting plans, and any other issues relevant to their particular divorce case. Once a court approves the terms of the agreement, the divorce can be finalized.</span></p>



<p><span style="font-weight: 400;">Some divorcing couples are not able to automatically cooperate on every issue. This does not mean that the divorce must be acrimonious, however. If a couple cannot agree on something, their attorneys can engage in negotiation or even use mediation to try to help the couple reach an agreement to avoid arguing the matter in court. Taking arguments to the courtroom can drag the process out significantly and can often drive up the expense of the divorce case.</span></p>



<p><span style="font-weight: 400;">While cooperation is always preferable for everyone involved in a divorce, there are cases in which this is simply not possible. In such situations, the family court will intervene and hear evidence in order to decide on the matter. If you believe your spouse will be adversarial during your divorce, it is important to seek representation from an attorney who can present arguments to the family court judge in the most efficient way possible while still striving for the best results for you and your children. </span></p>



<h2 class="wp-block-heading"><strong>Contact a Qualified Boca Raton Family Law Attorney for Assistance</strong></h2>



<p><span style="font-weight: 400;">Spouses who are able and willing to cooperate throughout the divorce process often save time, money, and emotional energy. Even if you have some disagreements along the way, an experienced divorce lawyer can help you find solutions and can work to facilitate communication and negotiation whenever possible. </span><a href="https://www.alanburtonlaw.com/"><span style="font-weight: 400;">Alan R. Burton</span></a><span style="font-weight: 400;"> is an experienced divorce and family law attorney in Boca Raton who seeks to obtain the most favorable and efficient outcome possible in your divorce case. Please call our office today at (954) 229-1660 to find out how we can help you. </span></p>
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