Or can I just file the papers and wait for them to come back signed? I have filed everything but haven't sent it up to the judge yet because the Clerk kept asking me if I was sure I wanted an Ore Tenus hearing. I thought I was but she made me feel very uncomfortable so I told her not to send up to the judge quite yet. Also, ex will not be at the hearing, is it necessary for him to be?
In Virginia, you need to present evidence to the Court for the divorce. This can be done by an affidavit, deposition on the record or an ore tenus hearing before the Court. It might be beneficial to do an ore tenus hearing so that you can confirm that you have presented the Court with enough evidence to get the divorce.
Your soon-to-be ex-spouse does not need to attend, but you will need a corroborating witness who can attest to the facts in the Complaint.
The foregoing is not intended to be specific legal advice, but rather general information. Because of the nature of this online, non-confidential forum, and because each and every family law case is different, it is impossible for any attorney to consider all of the facts of your specific case and provide a concrete answer. If you require specific legal advice, you should retain a qualified attorney in your area.
Child Custody Lawyer
I agree with the prior response. You may be getting the "uncomfortable" feeling from the Clerk because the judge in that county may prefer to handle these cases with written evidence (depositions, or affidavits, as described in the last answer) instead of holding an actual hearing. If you submit written evidence then you (and your witness) would not be required to actually appear before the court.
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