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The “Uncontested” Divorce Hearing

FINALLY! You and your future ex-spouse have agreed to and signed a Property (& Custody) Settlement Agreement (PSA). Now what happens?

Now, both of you and your attorneys go before the Judge and obtain your divorce at an “Uncontested” Divorce Hearing.

An Uncontested Divorce Hearing is a very simple, short matter. In fact, usually we spend more time in the Courthouse hallways than we do in front of the Judge.

Basically, we will verify the information in your Divorce Complaint or Counterclaim (date of marriage, names/birth dates of children, a statement that the allegations are true).

We will not review the details of the PSA. However, I will ask you questions that show the Court that you understand and agree with the terms of the PSA. But lawyers and judges are never satisfied with “I understand and agree.” We have to ask you twenty different ways. Here’s the general run-down:

· Is this your signature on the PSA?

· Did you read it? Do you understand it? Do you read and write English fluently/as your primary language?

· Was the PSA a result of negotiations? Have you had time to consider all the terms of this agreement?

· Under all the circumstances, do you think it’s fair?

· Did anyone coerce, threaten or force you into signing it?

· Are you under the influence of any substance that would impair your ability to enter this agreement?

· Do you understand you are waiving your right to a trial?

· Are you satisfied with my representation of you in this matter?

· Do you have any questions of me or the Court?

You may also need to answer questions about your “marital lifestyle” or “standard of living.” These questions are purely for the purpose of satisfying some case law requirements that relate to alimony/spousal support. Here are some sample questions (the descriptions relate to the last few years that you were living together):

Your & your spouse’s job & income
Describe your marital home(s) - # bedrooms/baths/garage
Describe your cars – year/make/model
Frequency/Type of eating out
Frequency/Type of entertainment
Frequency/Type of vacations
Type/Average expenditures on clothing

Then the other attorney may confirm with you one or some of the terms of the PSA.

Then, the Judge says you are hereby divorced (in much more unintelligible legal lingo). And we wait in the hall for copies of the Final Judgment of Divorce. That’s it!

Later That Day . . .

If you are like most of my clients, you will feel an entire range of emotions during that 10 minutes at the Divorce Hearing—even if you were the one who wanted the divorce!

So, be prepared to feel a little off-balance for a while. Plan on taking the entire day off from work. Have a friend take you out for lunch or dinner—in other words, make sure you or someone who has been supportive of you, treats you well.

Law Office of Theresa A. Markham, P.C.

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