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04 Aug 16

Am I required to go to the hearing if I’m not contesting the divorce?

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If you, and your spouse, have worked out an agreement and have signed it – you still need to attend a hearing in court, in order to prove the agreement and terms are valid. At the court hearing, even if you’re contesting the divorce, you have to go – and testify under oath in front of the judge. You have to tell the judge, about the agreement.  Say you and your spouse have reached an agreement about the split in property, custody,  and both spouses are signing it. If one of the spouses signs a waiver, indicating he or she isn’t going to attend — then the other spouse will have to go to the court house in order to complete the divorce proceedings.

 

First, you’ll have to schedule the hearing. Before the hearing, your attorney will prepare files in advance. Your attorney will have a copy of the petition, and any other documents that were filed. In addition, the attorney will make sure the final agreement is prepared, and signed. In addition, a final order will be drafted – for a judge’s signature – in addition to any other paperwork/form.

When you go to the court. You will be asked questions from the judge. Questions will range from how long you’ve been married, to when you were separated, and whether you and your spouse have agreed + signed the paperwork among other questions. Bottom line, the judge will ask all the questions to ensure he understands the story – and to confirm everything looks “fine,” ethically speaking.

 

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