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Definition Appear; Appearance; File an Appearance - a formal submission to courts by the defendant (respondent) in response to a petition or complaint and summons.

Application in Divorce The respondent or defendant in a divorce files an appearance to the court in response to the initial petition or complaint. This document states whether or not the respondent or defendant agrees with or disagrees with the alleged claims and requests to the court.

In a default divorce, the respondent or defendant opts not to make an appearance thus allowing the court to grant a divorce by default.

Showing up for a divorce hearing is also referred to as making an appearance. A party who appears in court without consul is said to appear pro se.

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I Hope My Spouse Does Not Respond
If you have an uncooperative spouse, the best thing that could happen, is he or she does not respond to your Summons and Petition or Complaint. Believe it or not, many spouses that are making a divorce very difficult, will drop the ball when it comes to actually hiring a divorce lawyer to represent them.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)
Waiving Court Appearance
In an uncontested divorce, the Respondent or Defendant often times will sign a Waiver of Appearance document, thus permitting the court to proceed with the hearing and finalizing the divorce without his or her attendance at the final hearing.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Divorce Procedure (Applicable in All States)

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