Courtroom Absenteeism – Not the Best Strategy
By: Erica Benson, A Sassy Attorney with an Attitude and the Experience to Use it!

Court of Appeals of North Carolina Case Review: Kaylor v. Kaylor (COA23-1138)

If there’s one thing we can all agree on, it’s that missing important events generally leads to bad outcomes. This sentiment holds doubly true in divorce court—especially when you don’t show up to your own trial. In Kaylor v. Kaylor, Defendant & Husband Johnny Gaither Kaylor discovered the hard way that skipping multiple court dates, including the final trial, tends to end badly. Let’s dive into the wild west of an equitable distribution case that played out as if the courtroom was a ghost town.

Missing in Action: A Risky Legal Strategy

Johnny Kaylor—who might be competing for the “Least Likely to Attend Court” award—appealed an equitable distribution order that he didn’t even bother to show up for. His absence in both pretrial hearings and the trial itself essentially left the playing field wide open for Plaintiff & Wife Beth Minteer Kaylor to score a touchdown in the form of an unequal distribution of property. This case is what happens when “ghosting” isn’t just for dating apps but becomes part of your courtroom strategy.

After 23 years of marriage (with no kids mentioned in the order), the Kaylor split featured some fascinating highlights: the rapid decline of a once-thriving electrical business, rampant drug use, and a defendant more absent than a student on senior skip day. Naturally, Beth argued for—and received—an unequal distribution of their property, thanks in part to Johnny’s post-heart-attack methamphetamine habit and his neglect of the family business. And who’s surprised? When you forget to pay the bills or attend your own trial, the court’s going to give the win to the other side.

Unequal Distribution: More Drama Than a Soap Opera

Here’s the crux of Johnny’s appeal: he argued that the trial court’s decision to give Beth more of the marital property was “unfair.” But fairness is subjective when you’re not even in the courtroom to make your case. Johnny failed to sub