Question asked on Oct 19th, 2014

Q: Can husband file divorce? Or will Judge just return papers? Would Judge mandate wife to attend orbejn violation of court?

A: The rules vary from county to county.  In Clark County, the rules, which are now being revised, currently provide in EDCR Rule 5.07 that “No action shall proceed to final hearing or order until there has been compliance with this rule; provided, however, that non-compliance by a parent who enters no appearance shall not delay the final hearing. The trial judge hearing the matter may take other appropriate action to compel attendance, including but not limited to action for contempt.”

 

The rule also provides that “For good cause shown, the assigned trial judge may waive the requirement of completion of this program in individual cases.”

So the wife’s refusal should not hold up the divorce, but some judges will not allow a party who refuses to attend the seminar to have any child custody schedule.