My husband and I filed for a 1A Uncontested Divorce. We have agreed on all issues, and there's nothing being contested with regard to marital property, insurance or assets. Neither of us has a lawyer. We have a child together and have already come to an agreement on custody (joint legal and physical) and child support (neither of us is requesting it as we make very close to the same amount of money). All of this paperwork has been filed and nothing is being contested by myself or my husband, and our court date for a "1A Hearing" is tomorrow. Having never been in court before, what can I expect to happen at the hearing, if we are in agreement on all matters? Will the judge simply rule that the divorce is final in 120 days or is there a chance we will have to come back to court?
Divorce / Separation Lawyer
The judge will do a colloquy in which you or your husband will state the date of the marriage, the children born of the marriage, that there is an irretrievable breakdown of the marriage, and that you signed any and all documents freely and voluntarily. He or she will review the paperwork and mention if something is not in order. Presuming everything is in order Judgment will enter for your divorce and everything will be finalized in 90 days.
If you are in Massachusetts, my answering of your question does not constitute an attorney/client relationship and are for informational purposes only. If you wish to contact me to discuss your question further I offer a 30 minute free consultation and can be reached at 413-522-6263. If you are not in Massachusetts I am not giving you legal advice as I am not licensed in your state and my comments should be viewed as for informational purposes only.
The style of judges can be different for a final hearing. Some judges will simply review the financial statements and child support guidelines and conduct the colloquy mentioned by the other attorney. Most judges will be very thorough with the agreement. Generally there is not a problem. However, if the agreement was not prepared by an attorney and the judge says that there is a problem with any of the documents, you should consult an attorney.
Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.
Divorce / Separation Lawyer
Provided your financial statements are filed at the time of hearing along with your separation agreement, the judge will review your separation and financial statements. Assuming you have covered all the property settlement, insurance, custody and parenting issues in the agreement, s/he will ask you if you have read your agreeement, understand it, find it fair and reasonable and enter into it freely and voluntarily. Next s/he will ask if you if you have signed your financial statements, if they are a true and accurate representation of your income and expenses, assets and liabilities and if you are satisfied with the financial representations your spouse has made to you. Assuming all of those questions are answerd appropriately, you may need to address the issue of the resumption of a former name and then the judgement enters and may leave. Good Luck to both of you.