What to Expect at Your Uncontested Divorce Hearing

What to Expect At the Uncontested Divorce Hearing

Congratulations!  Your hard work has paid off.  You’ve filed your financial statements and agreement with the Court.  You’ve got an order from the court in the mail with a date and time to appear for your final court hearing!

So, what can you expect?  And how should you prepare?  Here’s what to do.

First, remember the big picture:  Marriage is a legal relationship. Divorce “undoes” it.  Only the court has the power to “undo” it.  At the divorce hearing, it’s the judge’s job to put the final stamp on the divorce.  

Here’s the good news:  By doing the divorce petition (or complaint), the financial statements, the agreement, etc., you’ve already given the judge everything they need to hear your case!  You’re just there to confirm the information already in those documents.  

This means that you don’t need to provide new info, or prepare a whole lot.  You just need to show up on time and remember the major points of your divorce.

The Judge (or her clerk) will ask you to identify yourself and swear you in.  Then, the Judge will proceed to read out the information from your file, asking you simple “yes-no” questions.

Here’s what she’ll cover:

Where and when you were married.  Remember, to get divorced, you have to show you were legally married.  The Judge will read this information from the petition or complaint.

The names of the children you and your spouse had together. 

That at some point, your marriage became  “irretrievably broken down.”  This means your marriage ended.  

Your marriage remains “irretrievably broken.”  This means it can’t be resuscitated.

You have a divorce agreement that contains everything the law requires.  The Judge will review the agreement carefully, often page by page.  She will make sure it covers the division of assets and liabilities.

Given the information in your financial statements, what’s in your divorce agreement is fair and reasonable.  This is why having a clear and accurate financial statement is so important!  The Judge compares the information in your financial statement with what’s in the agreement to ensure it’s fair.

Your separation agreement adequately provides support for the children (and spouses) including health insurance.  If you have children, the Judge will be looking at thechild support guidelines you’ve handed in.  

Both of you have had an opportunity to review each other’s financial statements, and do you believe them to be accurate.  She may ask this question directly – “Have you each had a chance to look at each other’s financial statements?”  Make sure you do, so you can answer “yes.”  

You’ve each had the opportunity to consult a lawyer before signing the divorce agreement.  You’re not required to hire lawyers, but the Judge wants you to know you have the right to talk to one.  I’ve even heard a Judge ask, “Do you have any questions right now that you’d like to ask a lawyer, before I proceed?”

Now that you know what will be covered, you can prepare.  Here are suggestions for what to do the week before the hearing, and then the night before your hearing:

A week before:

1. Review your spouse’s financial statement.  Ideally, you should have done this before it was filed.  Do it again, just to be certain you don’t have any questions or lingering thoughts.  If you do, call your attorney.
2. Review the major headings in the divorce agreement.  If part of it involves, say, selling a house, make sure you know the order of the steps and the timelines.
3. If your hearing is by Zoom – and most are – test your connection.  Take your computer or phone to where you’ll be logging in, to make sure you have good WiFi.  Make it a quiet place, and definitely not one around your kids.  Click on the link to make sure you’re routed to the Judge’s court room (or the Probation Department).
4. On Zoom, make sure the name of the account is your name.  One woman I know logged in under her child’s name.  The clerk figured out that it was the woman, not her child, logging in, but not without a little confusion.

The night before:

1.  Make sure your device is charged.
2. Check your WiFi connection and try logging in again.
3. Make sure your alarm is set so you log in at least ten minutes before you’re supposed to arrive.

At the hearing:

Listen carefully.  If you don’t understand a question, don’t be afraid to ask for an explanation.

Speak clearly.  Many people speak softly, or swallow their words because of stress and tension.  Compensate for these feelings by speaking up.

Sometimes, although rarely, one spouse will give an answer that’s a problem.  For example, the Judge will ask, “ Do you believe that your spouse’s financial statement is a complete and accurate picture of their finances?” If one spouse says “No,” that’s a signal for the Judge to pause the hearing.  That’s fine.  It’s more important for everyone to answer “yes” than to speed through the hearing.

If you’re with your attorney, you’ll have a chance to speak to him or her, and you’ll fix the issue.

If you’re on your own, the Judge may have you both meet with a Probation Officer to discuss it.  You can reach out to an attorney to help you fix it too.   Either way, it’s not fatal.  You’ll still get divorced, but it will happen on a rescheduled day.

After the Judge is satisfied with your answers, she’ll inform you when and how the divorce will be finalized.

That’s it!  If you follow these points, your hearing should go smoothly. 

I tell people to take the day off, and schedule a massage, or do some other form of self-care.  You’ve taken a huge step forward on the path of life.  Your newly-divorced self deserves that care and kindness.