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The Final Divorce Hearing

A checklist to prepare for the final Divorce hearing.

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  1. Did you comply with.....?

    2. 1. Did you comply with.....?

    • Standing Order 1-06 Time Standards
    • Standing Order 4-08 & 2-16 Parent Education Program requirement
    • File Request for Uncontested Hearing (if uncontested case) or Request for Pre-Trial Conference (if contested case)
    • Follow up post-hearing - is wage assignment in effect?, is QDRO effectuated, etc.
    Yes No

  2. Does your separation agreement....?

    3. 2. Does your separation agreement....?

    • Tailor any boilerplate provisions carefully to your case.
    • Include the major provisions:
      • Statement of facts
      • General understanding and disclosure
      • Waiver of estate
      • Mutual release
      • Merger v. survival
      • Issues re: children (custody, child support, visitation) may always be modified
      • Validity
      • Governing law

    Include Exhibits/Addenda:

    • Real estate/marital property
    • Alimony
    • Taxes
    • Health/dental insurance- and uninsured medical expenses
    • Debts
    • Personal Property
    • Child custody- and parenting/holiday schedule
    • Child support
    • College expenses
    • Life insurance

     

    Yes No

  3. Did you request an uncontested hearing?

    4. 3. Did you request an uncontested hearing?

    File request for uncontested hearing where no answer received and defendant not expected to show up

    • Can be granted divorce/custody, but nothing related to division of assets or financial matters (child support, alimony, health insurance) if the case was service by publication
    Yes No

  4. Did you request an uncontested hearing? (Where Separation Agreement Reached)

    5. 4. Did you request an uncontested hearing? (Where Separation Agreement Reached)

    • Can wait until next court date that is already scheduled OR can try to come in sooner.
    • Each court/judge has different policies on the latter.
    • Judge may ask counsel to present a prima facie case or judge may inquire of the parties.
    • Questions will be related to what is on the face of the complaint
    • Judge may ask counsel to present the basic terms of the separation agreement.
    • At least plaintiff must be present.
    Yes No

  5. Did you request a Pre-Trial Conference?

    6. 5. Did you request a Pre-Trial Conference?

    File Request for pre trial confence if case is contested.

    • Before PTC confer with opposing party/counsel as required by Pre-Trial Order.
    • If agreement reached, file notarized Separation Agreement and Financial Statements.
    • If no agreement reached, at PTC file Pre-Trial Memorandum and Financial Statement.
    • At PTC, judge will try to narrow the contested issues and to settle the case.
    • Judge may give sense of what would happen if case went to trial.

    Note: The majority of cases settle at the PTC stage.

    Yes No

  6. Did you properly request a Final Hearing?

    7. 6. Did you properly request a Final Hearing?

    Did you submit to the court....?

    • Proposed Orders.
    • Client’s Financial Statement.
    • Request for uncontested hearing or trial.
    • Proof of Attendance at Parent Education Program, if there are children.
    • Proof of Return of Service.
    Yes No

  7. Did you explain to your client Judgment of Divorce Nisi?

    8. 7. Did you explain to your client Judgment of Divorce Nisi?

    • Judgment of Divorce Nisi enters at the final hearing. 
    • Court will mail out copy of Judgment of Divorce Nisi. 
    • Client cannot remarry during the Nisi period.
    • Nisi period is 90 days for a 1B divorce, 120 days for a 1A joint petition for divorce.
    Yes No

  8. Did you explain Divorce Absolute?

    9. 8. Did you explain Divorce Absolute?

    • If 1B divorce, divorce absolute occurs after 90 days from judgment of divorce nisi.
    • If 1A divorce (joint petition), divorce absolute occurs after 120 days from judgment of divorce nisi.
    • If the Judgment of Divorce Nisi has issued but not become final yet, and the client decides they don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone.
    • Divorce Absolute is automatic.  There will be no notices from the Court.  To obtain a certified copy of a Judgment of Divorce Absolute, client must return to the Court, pay $20 or submit a fee waiver.
    Yes No