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:

• 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 property division may not be settled
• 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.
• 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.

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 recently been sent back to the trial court 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.

Contact an Experienced Boca Raton Divorce Lawyer for Help Today

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 Alan R. Burton 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.

• Life insurance policies
• Bank accounts
• Investment accounts
• Retirement accounts

To make sure you do not forget to change an account, you should have an experienced attorney take inventory of all of your accounts and policies.

Consequences of Failing to Change a Beneficiary

If you fail to change a named beneficiary before you pass away, your former spouse may inherit the proceeds of your accounts, which you likely would not want. In addition, your children will not have a right to these funds being used for their benefit. This is especially important if your children are from a previous relationship and your former spouse has no legal parental obligations to support them. If your children wish to challenge the inheritance of your former spouse, it may require a costly legal battle.

Some people may believe that stating in their last will and testament that their former spouse is not a beneficiary will cover the bases for all of their accounts. However, this is not always the case as many designations for beneficiaries supersede the provisions of your will.

Florida Laws Regarding Beneficiaries

In 2012, Florida legislators did pass a law addressing beneficiary designations of ex-spouses. The law refers to life insurance policies, IRAs, employer benefit plans, securities, and pay-on-death accounts. The dissolution of a marriage effectively voids the designation of the former spouse as the beneficiary for such accounts. An insurance company or other type of payor can examine the marital status of the deceased person as well as the relationship between the deceased person and the beneficiary and, if they have been divorced, they can pay the benefits to a named secondary beneficiary.

Though Florida’s law does provide some protections in the event that a divorced person fails to change their beneficiaries, the law does have many exceptions. It is still always important to change your beneficiaries and not rely on the law to protect the interests of your children or other heirs.

An Experienced Boca Raton Family Law Attorney Can Help You

There are many different tasks that are important throughout the divorce process that you may not be aware of. Fortunately, an experienced divorce attorney will be familiar with all of the steps that need to be taken and will make sure that no important detail is forgotten. This will ensure that you are in the best position possible for your future and your family. At the law office of divorce lawyer Alan R. Burton, we carefully and thoroughly evaluate the needs of every client to provide the highest quality of representation. Please call our office at 954-229-1660 for a free consultation.

Having unrealistic expectations — If you march into a courtroom demanding an exorbitant and unjustified amount of spousal support or sole custody of your children when shared custody is appropriate, your case may be affected in many ways. First, if you refuse to agree to reasonable terms, your case may be delayed and many issues may be placed into the hands of the family law judge, who may not find in your favor. An attorney can help provide a realistic view of the potential terms of your divorce decree.

Assuming your spouse will cooperate — Many people optimistically expect their spouse to be cooperative and fair when discussing and agreeing upon the many terms of their divorce. Unfortunately, the divorce process can incite a lot of negative emotions and many spouses become difficult and resentful before the divorce is finalized. You should never fail to have an attorney simply because you expect fairness from your spouse. Having the representation of an experienced divorce lawyer will ensure that you have the needed legal support if your spouse becomes unreasonable.

Accepting a settlement agreement without the advice of an attorney — The legal system can be intimidating and, too often, lead you to agree to divorce terms that are actually unfair. Your spouse’s attorney may try to deflect from unfavorable terms or insinuate that you will not be able to obtain a better offer in order to convince you to sign an agreement. Do not allow yourself to be bullied by your spouse into signing anything without the advice of a qualified divorce attorney who has reviewed your case.

Making false claims against your spouse — If you want to receive a more favorable child custody arrangement or spousal support order, you may be tempted to exaggerate the faults of your spouse to the court or even to fabricate details. This is never wise, however, as such allegations must be adequately proven for a court to consider them. If you do not have evidence to support your claims against your spouse, a court will view your allegations unfavorably and may take action against you.

Call a Boca Raton Divorce Attorney for a Free Consultation

There are many legal mistakes individuals can make throughout the divorce process that can have potentially long-lasting consequences. At times, these mistakes can be irreversible and can affect your finances and relationship with your family. To avoid such errors, you should always have the guidance of a highly experienced family law attorney throughout your divorce case. If you are considering or facing divorce, please do not hesitate to call the office of Boca Raton divorce lawyer Alan R. Burton for assistance today.