Mandatory Presence in Court Really Means Mandatory Presence

There was another twist in the Kim Kardashian and Kris Humphries divorce this past Friday. As reported by ABC News, Kris Humphries failed to attend a mandatory settlement conference in the divorce action on April 12, 2013. The purpose of this hearing was to see if the parties were able to reach any kind of an agreement as to the final terms of the divorce before there is a final trial before the Court. As a result of Kris Humphries actions, the Judge on his own motion set a hearing for Kris Humphries to show cause as to why sanctions should not be imposed against him for his failure to attend the April 12, 2013 mandatory settlement conference. A hearing on the sanctions is scheduled to occur April 19, 2013. The case is set for a final trial on May 6, 2013.

During a divorce in Texas, there may be hearings and required conferences with the Court. It is important to communicate with your lawyer to find out whether or not your presence is required. There are many types of hearings where a litigant’s presence is required and a litigant’s attorney’s appearance on behalf of a litigant will not suffice. I always tell my clients prior to any hearing whether or not their presence is required. Even if my client’s presence is not required, I always invite my clients to attend any and all hearings in their divorce no matter what the purpose of the hearing.

Just like in the California court where Kim Kardashian and Kris Humphries divorce is pending, a Texas Court can award sanctions and attorney’s fees against a party for his/her failure to attend a hearing as well as a possible default of the matter that was scheduled to be heard before the Court.

Stayed tune for my future blogs regarding the April 19, 2013 sanctions hearing as well as the May 6, 2013 final trial in the Kim Kardashian and Kris Humphries divorce.
 

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