What can I expect in court-Uncontested..
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| Wed, 12-06-2006 - 2:41pm |
I live in CT and will be going to court at the end of next month for an uncontested divorce. I guess some states don't require a hearing for an uncontested divorce, but we are required to go. My STBX and I are doing everything on our own - have had papers drawn up, have ironed out all of the custody schedules (2 young kids), division of assets, etc. We have been separated for almost 3 years.
What can I expect at the actual hearing? Will I (being the plaintiff) have to "get on the stand" or anything like that? Or will the judge just look over the papers, verify information, and grant the divorce? I am terrified of actually being there in the courtroom and having the spotlight on us!.. we just want to get this over with, but at the same time, do not want to be caught off guard in court having to do or explain things that we didn't anticipate.
Thanks in advance,
newoldmommy
Edited 12/6/2006 2:49 pm ET by newoldmommy


Sorry, mommy - don't have any advice here - I am also curious to know how it will work out. I am wondering how to proceed exactly, and I hope you'll be back and tell us - and that someone who has gone through something similar will come and answer your question...
Best of luck.
Hi there...
I'm in Georgia too and I was required to be at the hearing for my divorce. I filed, so I was the plantiff and my now xh was the defendant. I got sworn in and was asked a couple of questions about the settlement agreement that the judge reviewed, and then my xh was also asked a couple of questions... mainly about making sure that we agreed to the custody and visititation since we have an unconventional agreement in that respect--well, custody is "normal" but visititation isn't as he didn't want much time with him and didn't want holidays, so I have all that...
Then the issue of child support was also addressed as my xh was, at that time, three months behind on support, so the judge signed an agreement with a payment plan that was meant to get xh back on track--nice in theory, but I have since filed for full child support enforcement...
If its uncontested, I don't believe you have much to worry about--it was mainly verification of what was written in my case... Good Luck and keep us posted!
*hugs*
Julie
No, xh wasn't required to be there--even if he hadn't been there, the judge would have addressed the CS issues as my lawyer had drawn up a document showing the arrears. When I talked to my xh about it though, I told him that since it was ~my~ divorce that I would want to be there, even if I didn't have to be... just to make sure everything went as I had been anticipating... which is true, I would have been there even if I was the defendant... but I wouldn't worry about it too much in your case. My xh had agreed in the divorce agreement to begin paying CS in Feb of that year and this was April and he hadn't paid a cent at that point...
Julie
Hi there. I live in CT, but I did use a lawyer for my divorce (as did my ex) because we could not agree on anything. So I don't know exactly how things will go for you, but I can tell you my experience.
When I was in the court room, I didn't see any instances where both parties did not have an attorney...one or the other usually had one. In the cases where the person didn't have an attorney, the were addressed by the judge directly. In all cases, both parties had to get on the stand and answer basic questions.....did they understand everything, were they coerced into the decisions, etc. In every case, people were called up as Smith vs. Smith, so there was always a plaintiff and a defendant.
So in the end, you may have to get on the stand in the courtroom, but it will be very brief. I'm happy to answer any other questions you night have. Good luck!
Thanks SO much everyone. I will definitely keep you updated on what happens in Jan. We have everything written our in our agreement, and agree on everything, so I think we should be ok. The only thing the judge might smirk at (as the clerk did) is that we are both forfeiting child support for now, with the understanding that either of us can file a motion for it any time in the future. (We have been separated for so long now that it really isn't an issue... we both have been managing our own finances and everything for the kids 50/50 and it has worked out fine)
Thanks again!
newoldmommy
Thanks to Kris for the awesome sig!! xoxo
I posted to you on Divorce and Custody, but I will copy and put here too:
I live in CT, and I believe you will be called to the Judge and he will read (maybe even completely aloud) the Agreement. He will ask you each separately if you have read and signed the Agreement. He will ask you if you are aware of your right to attorney representation, if you choose.
My guess if it is all 50/50 time, money, debt, etc. You will be in and out in 15 minutes from the time your docket is called.
Good Luck.
(do you mind telling me which courthouse you are in?)
Also, I think the Judge will tell you that c/s can be revisited/changed at any time. I think that you said you were only married only 3 years, otherwise he would advise someone (not sure of who in your situation) that you may be or have been entitled to alimony, and that CANNOT be changed after agreeing to none here in CT.
Please let me know if you have any questions. Not only did I go through a long process divorce, but I work for a divorce attorney in E. Hartford, and have seen all kinds, and would be happy to ask him any specifics.
Yeah, I don't know how the judge will take the forfeiting of CS--I would really recommend that you get it taken care of now, even if by CS you both agree to contribute to say a college fund for your children. When I spoke to our judge, he made it very clear that the CS isn't for us--it is for the children...
I'll be interested to know how that works out, so please keep us posted...
Julie