I am handling my own divorce (nothing disputed), have signed/notarized decree of divorce & notice of service. Ore Tenus hearing?

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?

Lynchburg, VA -

Attorney Answers (2)

Joseph Hankins

Joseph Hankins

Business Attorney - Indianapolis, IN

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... more
Benjamin Hale Carafiol

Benjamin Hale Carafiol

Divorce / Separation Lawyer - Fredericksburg, VA

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.

The information provided in this response is in the nature of general information and in no way creates an... more

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