What Will the Court Ask You at an Uncontested Hearing?

The majority of the divorce process is negotiating with your spouse to reach a divorce settlement.  By the time you’ve signed off on the Separation Agreement, you and your spouse may have been negotiating for months or years.  Signing the Separation Agreement, however, is not the last step.  You still need the court to approve your Separation Agreement at the uncontested hearing.  What questions can you expect at your uncontested hearing?  The judge will likely ask you the following:

1) What is your name and address?  Are you married?  What is the name of your spouse?  When were you married?  Did there come a time when your marriage suffered a breakdown?  Were there any minor children born to this marriage?  (The judge asks these questions to confirm the accuracy of the information on your complaint for divorce.)

2) Have you had an opportunity to read the Separation Agreement?  Do you believe it is fair and reasonable?

3) Have you had an opportunity to consult counsel?  If so, are you satisfied with your counsel’s ability to answer all of your questions?  If not, do you understand that you may be waiving certain rights under the law, such as the right to alimony and property disposition?  Do you understand that property disposition is final and cannot be modified?

4) Have you had the opportunity to review your spouse’s financial statement?  Do you believe it is truthful and accurate? Did you have the opportunity to request and review supporting documentation?

5) Were you of sound mind when you signed this Separation Agreement?  Were you under force or duress to sign this Separation Agreement?

If the judge reviews your Separation Agreement and financial statements and believes that a provision is unfair or unreasonable, such as a waiver of child support or alimony, the judge may send you and your spouse out in the hallway to modify that provision of the Separation Agreement.  To avoid this hassle, before you sign the Separation Agreement, ask your counsel if the judge is likely to find it fair and reasonable. 

Leave a Reply