What happens with a divorce case in Maine if the plaintiff doesnt show?

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What happens with a divorce case in Maine if the plaintiff doesnt show?

Both plaintiff and defendant signed a
aubmission to discontinue divorce. Judge
will only address it on the court date.
Plaitiff is in alaska and cannot appear.

Asked on July 9, 2018 under Family Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When the plaintiff in any case, including a divorce case, does not appear, then unless the case was adjourned to a different date, the case should be dismissed "without prejudice"--that is, the case will be discontinued. The plaintiff could refile the case, or possibly (on good cause) make a motion to set aside the dismissal and reinstate the case, but the plaintiff would have to voluntarily do those things; otherwise, once the case is dismissed, it is over.


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