Summary judgment hearing

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?


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.

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.”

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

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