Summary judgment hearing


#1

I’m the defendant in a Summary Judgment Divorce hearing, scheduled for very soon. It is listed as a summary judgment divorce as opposed to uncontested on the Notice of Divorce Hearing.

I have a couple of questions about this. background: I’d filed a motion to dismiss but decided not to schedule it. I’d also filed an Answer to his Divorce Complaint. The only Claims for Relief were that I requested a name change and that costs (for the divorce proceeding) be borne by my husband, Plaintiff.

So, questions-

–Am I required to attend a Summary Judgment Hearing?

–Is there anything that might go terribly wrong for me if I choose not to attend?

– Is there even the slightest chance that the judge will see the Motion to Dismiss and do so without it having been scheduled if I attend, even if I don’t address it?

Thanks~~~


#2

No, you don’t have to attend. If you don’t attend, the divorce will likely be granted and you risk that your name change will not be included in the divorce judgment. I would address this with the opposing party in advance to make sure it’s included.

A judge should not rule on your motion to dismiss unless you calendar it for hearing and give the other party proper notice that it will be heard.


#3

So I emailed to ask my H’s attorney about the name change, making sure it will included in his summary judgment proceeding. I also asked him what time check in was for court.
His response: “Unfortunately, I cannot give you legal advice. I recommend that you contact your own lawyer to ask.”


#4

And just to note, I made it crystal clear to him in my email that I am acting as pro se for myself.


#5

You should ask to see the proposed divorce judgment he plans to hand up to the judge.