Court Date

[alphysl07]

I filed for divorce, uncontested, 2 months ago and now I have a court date. My wife is not going to show up. my question is whats going to happen? am I going to get grilled? do I need to have a lawyer? I am kinda nervous as what kinda questions I am going to be asked. do I have to bring any paper work with me to the court?

 

I am in Gwinnett county GA.

 

I will really appreciate any help.

 

Ale

[carhill]

Do you have your settlement agreement prepared?

 

Do you have children?

 

Here's an example of a resource search that might help you make an informed judgment of what to do next.

[alphysl07]

Yes we have the agreement prepared and submitted with the initial paperwork and No we don't have any children. I will take a look at the resources you provided. And thanks a lot for taking interest and responding.

[carhill]

Also, see here

 

Bring all forms and supporting documents with you to court. You won't be 'grilled', rather asked questions which mirror your intent and what you've agreed to. In essence, validating your lawsuit and settlement verbally. IME, court time is relatively brief. My bet is, if all your paperwork is in order, you'll be out of there (actual time in front of a judge) in 10-15 minutes.

[alphysl07]

I used legalzoom to get all the paper work done and I do have everything prepared I also have some bank statements proving that I have been supporting her from December 2009 as stated in the agreement and I have transfered the car to her name in agreement as well. do you think I should get paperwork for that all? so by your answer I think I should prepare myself rather than getting a lawyer. I know you are not suggesting that its just something I believe is feasible on my own.

 

Thanks again.

[carhill]

If your paperwork has met the court's criteria at this juncture (all papers filed so far), there's no reason to believe that your court date would go any different. The court will kick back improperly filed documents and can, with sufficient cause, set aside your judgment and suggest you hire an attorney to complete the process. If that happens, do so. Otherwise, read up and proceed. People go into court representing themselves all the time. Everything isn't Perry Mason. It's just work; legal work. You appear to have a cooperative stbx. That's the most important part, IMO. The rest works out.

 

Whatever you have filed or have prepared for filing, take your copies to court. If there are significant assets, like homes or vehicles, etc, have copies of ownership documents available. The key is being prepared with the relevant information.

 

Read through the court's site and, if you have any procedural (like proper forms/filing sequence/etc) questions, call the clerk.

[alphysl07]

If your paperwork has met the court's criteria at this juncture (all papers filed so far), there's no reason to believe that your court date would go any different. The court will kick back improperly filed documents and can, with sufficient cause, set aside your judgment and suggest you hire an attorney to complete the process. If that happens, do so. Otherwise, read up and proceed. People go into court representing themselves all the time. Everything isn't Perry Mason. It's just work; legal work. You appear to have a cooperative stbx. That's the most important part, IMO. The rest works out.

 

Whatever you have filed or have prepared for filing, take your copies to court. If there are significant assets, like homes or vehicles, etc, have copies of ownership documents available. The key is being prepared with the relevant information.

 

Read through the court's site and, if you have any procedural (like proper forms/filing sequence/etc) questions, call the clerk.

 

 

I have all the paper work in hand, and some other supporting documents. I'm going todo some more research to check how things work in this situation. I was just worried what kind of questions I'll be asked.

[carhill]

Here's some guidelines regarding 'questions' from Cali's court self-help site:

 

 

• Judgment by Uncontested Hearing
  In cases where your spouse or domestic partner does not file a Response or you have an agreement, the court hearing to get your judgment is usually short. Your spouse or domestic partner does not have to go to the hearing.
  In most uncontested hearings, the judge will ask you only a few questions. Most judges ask the following:
   
  
  • For married persons and persons who entered into their domestic partnership outside of California, were you a resident of the county for 3 months and the state for 6 months immediately prior to filing your petition?
    
  • Is everything in your Petition true and correct?
    
  • During your marriage or domestic partnership, did "irreconciliable differences" develop between you and your spouse or domestic partner?
    
  • Is the relationship totally broken down?
    
  • Do you want the judge to grant the divorce?
    

  Sometimes the judge will go through each item in your judgment with you to make sure that you are getting the right orders for your case.

  If something needs to be corrected, ask the judge for a new hearing date. You can make the changes and come back to court.

[flc]

Probably depends on the State but in Florida I got an appointment with a judge, you see him/her in their chambers, they get handed the papers and since it is uncontested they sign the papers, the clerk files them, divorce done. Took them 30min for mine, no questions at all.

[alphysl07]

thanks guys that's some good information. I know that I have to go to the court room as I was told in the latter I got with few other people scheduled 9 to be exact. I'm 8th on the list. Lets see if I can find anything related to ga for line of questions. If you happen to have any resource please let me know.

 

thanks

[imagine]

I filed for divorce, uncontested, 2 months ago and now I have a court date.

 

What was the purpose of divorce?

[alphysl07]

irreconciliable differences.

[imagine]

Irreconcilable differences is legal jargon. Marriage is union between two forgivers. In your next marriage there will still be you.

 

Listen to an old LS poster. Read the articles at "marriage builders". They are free and will give you a headstart into marriage. Continue with your life long learning process instead of divorce.

 

You may not think it from my post - but I'm your friend!

[FeelingLonely98]

My bet is, if all your paperwork is in order, you'll be out of there (actual time in front of a judge) in 10-15 minutes.

 

Probably depends on the State but in Florida I got an appointment with a judge, you see him/her in their chambers, they get handed the papers and since it is uncontested they sign the papers, the clerk files them, divorce done. Took them 30min for mine, no questions at all.

 

Probably less time than both of you suggest???

My court appt in Florida is for next month. (Also uncontested.) The hearing notice says "five minutes has been allotted for this hearing...".

Now the amount paperwork in Florida in FL for uncontested (aka no lawyers involved) is immense. I delivered a big stack once and the clerk told me there were about 6 or 7 forms still pending.

Then we had to both sign and notarize ALL documents. The Marriage Settlement Agreement, the Asset / Debt listings, the request for Dissolution of Marriage, ... ETC. All signed by BOTH parties. Now, the paperwork in FL clearly states that BOTH parties must attend the hearing. I am taking this to mean that if she doesn't show there is no D. I'm hoping she shows. I suppose if she doesn't show the judge will give me advice on the next steps to take. She should ... she is the one who walked out and had an A and asked for the D.

 

GOOD LUCK ... Please DO let us know how it goes.

[FeelingLonely98]

Irreconcilable differences is legal jargon. Marriage is union between two forgivers. In your next marriage there will still be you.

 

Listen to an old LS poster. Read the articles at "marriage builders". They are free and will give you a headstart into marriage. Continue with your life long learning process instead of divorce.

 

You may not think it from my post - but I'm your friend!

 

Imagine: you imply that alphasys had any say in this...

 

In my case I had no say. MY STBXW cheated, lied, had an A, ran away, ... I tried to make it work. She refused. What would you say our "purpose for D" is?

- lying

- cheating

- adultery?

- maybe irreconciliable differences?

Even after finding out last Summer what she did I was willing to try and make it work, to fix the damages, to forgive, ... to be a family again. Again she refused.

 

Don't be so judgemental.

Right now alphasys is here for a different kind of support. He's not asking for someone to enlighten him as to what to expect in court proceedings.

 

imagine - Hope you don't take this post as an attack - you have given ME good advice in the past and I thank you for that. I just think alphasys right now might be way beyond what you are suggesting.

[carhill]

In Cali, there's a process known as 'judgment by mail' where the parties essentially stipulate in writing (there's a form to be signed and notarized) to questions the judge would ask them directly in court and that form is filed with the settlement agreement. Typically takes a couple months to get the judgment back (with the court seal) making the divorce official. Around these parts, judgment documents usually take 3-4 weeks to process when I've been in court in person. As long as the documents are in order and the judge has no questions other than the 'official' ones required, it'll take longer for one to sit into the chair and lay out their documents than for the judge to do his/her thing. Some judges like to 'talk', so it takes a bit longer Last hearing I was at, my parking stub for the parking structure had less than an hour on it, from entry to exit. Drug court was after my case so they kept those folks out of the courtroom and things went fast. Hope it goes similarly for the OP.

[alphysl07]

thanks feeling lonely. And yes we are at a point where it's impossible to reconcile.

[FeelingLonely98]

In Cali, there's a process known as 'judgment by mail' where the parties essentially stipulate in writing (there's a form to be signed and notarized) to questions the judge would ask them directly in court and that form is filed with the settlement agreement. Typically takes a couple months to get the judgment back (with the court seal) making the divorce official. Around these parts, judgment documents usually take 3-4 weeks to process when I've been in court in person. As long as the documents are in order and the judge has no questions other than the 'official' ones required, it'll take longer for one to sit into the chair and lay out their documents than for the judge to do his/her thing. Some judges like to 'talk', so it takes a bit longer Last hearing I was at, my parking stub for the parking structure had less than an hour on it, from entry to exit. Drug court was after my case so they kept those folks out of the courtroom and things went fast. Hope it goes similarly for the OP.

 

What are the "official" questions that judges usually / always ask?

[carhill]

I outlined the divorce-related ones from my jurisdiction in my prior post. Most of my recent court appearances have regarded my mother's care so those questions were necessarily different. Simply, the judge wished me to affirm the facts of the case and why I was in front of the bench; I assume this is a requirement of the procedure. Generally, I only answer if the judge addresses me directly. My lawyer does all the talking otherwise.

My only other cases have been small claim actions where each party tells their side of the story and answers direct questions from the judge.

 

My best advice for the OP is to remember those other folks in the courtroom are regular people. They have lives and may have experienced divorce personally. Like I said prior, it's not Perry Mason.

[Gunny376]

You're probably gone to come out OK!

 

The judge isn't going to be happy that she's not there, and/or not represented? But will probably go with the pre-arranged settlement and agreement in her absence

[FeelingLonely98]

You're probably gone to come out OK!

 

The judge isn't going to be happy that she's not there, and/or not represented? But will probably go with the pre-arranged settlement and agreement in her absence

 

PROBABLY Gunny / One would hope!! --> but in FL, by law, that can not happen. For uncontested cases, i.e., no lawyers, there is a stipulation that both parties must be present - Read below:

 

PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

Step 11) We each understand that we both must come to the hearing to testify about the things we are asking for in this petition.

(http://www.flcourts.org/gen%5Fpublic/family/forms%5Frules/901a.pdf)

 

Hope this helps. If GA is the same you may want to investigate in advacne what your options are.

[alphysl07]

I consulted a couple of lawyers before filing and they both said she doesnot have to aooear in court if it's uncontested.

[FeelingLonely98]

I consulted a couple of lawyers before filing and they both said she doesnot have to aooear in court if it's uncontested.

 

Lucky for you!

Then like Gunny says you are probably home free.

For me I pray she shows up!!!!