When you file for a divorce, the court will set a hearing to finalize your case.
Generally, both spouses will need to attend but if one can’t, they can file an affidavit asking to be excused.
At the hearing, both parties will present their arguments to the judge. The judge will make a decision on all issues of the divorce, including property division and child support.
What Happens at the Final Hearing?
If you’re in a divorce that is uncontested, your case will be set for a final hearing about four months after the complaint is filed. This is when each party will submit an affidavit of assets and liabilities that will be reviewed by the court to determine what issues need to be addressed at trial.
At this time, it is very important for the filing spouse to have all of their documents organized in a folder ready for the court to see. This includes a copy of the Petition for Dissolution of Marriage, a Settlement Agreement and a copy of the final judgment of divorce.
The parties should also prepare witnesses to testify on their behalf. The witnesses should be given clear instructions about how to answer questions and what not to say.
What Happens at the Temporary Hearing?
The temporary hearing in your divorce is a crucial step in the case. This is a time when your attorney can present key documents and information to the court.
The judge will also ask you and your spouse questions about your case. The judge will then make a decision.
This will be enforceable only after it is written into an official order and signed by the judge.
You and your attorney will have to prepare this order. It is then sent to the court and sent to the other party, usually by mail or e-service.
Before the hearing, you and your attorney should collect all of your important documents and evidence. You should have them organized in a master file so that you can access them at a moment’s notice.
What Happens if My Wife Doesn’t Attend the Final Hearing?
Once a final divorce hearing has been set, it is important that both spouses attend. Failure to do so can result in a judge not awarding your case.
Contested divorces often take much longer than uncontested divorces due to the fact that both spouses must conduct discovery, which is a process where one side serves documents, requests information and subpoenas other people like banks, personal accountants and others to help them get to the truth.
During these hearings, each side presents evidence to the court regarding contested issues. In addition, they may call witnesses to testify on behalf of their side.
What Happens if My Wife Doesn’t Attend the Temporary Hearing?
If you and your spouse have reached a settlement agreement in mediation, a temporary hearing is not needed. Rather, the mediator will list the terms of that agreement and turn those into temporary orders everyone signs.
These temporary orders will last until the final rankings of your case are signed. They will cover issues such as property division, spousal support, and child custody.
A spouse who claims domestic violence will often seek an injunction early in the divorce. This is a strategy that will give them the upper hand in the final judgment.
Getting this injunction early also strengthens their chances of receiving the marital home and majority timesharing with their children.
Before you file for divorce, be sure to have a talk with your spouse about what the future might hold for your family. This might be difficult, but it can help your marriage and your relationship with your children in the long run.