What to Expect at a Divorce Hearing

What to Expect at a Divorce Hearing

What to Expect at a Divorce Hearing

What you should expect during a divorce hearing will likely be different for everybody. Those fortunate enough to reach an agreement with their partner without the involvement of a mediator or judge usually have it the easiest, as uncontested divorces are, in most cases, less stressful than other types of divorces. That's not to say that an attorney will not be helpful in cases of uncontested divorce, however.

During the divorce proceedings, there will likely be some dispute over the division of property and assets, as well as child support, custody, visitation and spousal support. If these items cannot be sorted out mutually between the two parties, the Court will step in, review the case and make a judgment.

In some cases, an informal hearing will take place in which the judge may ask questions about various items in the divorce paperwork, while in a formal hearing, the judge will have the entire case present to review and make the proper ruling so that a settlement is reached that is fair to both parties.

It is in the best interest of each party to have a divorce attorney present during a divorce hearing, and to arrive prepared with all of the applicable paperwork, documentation and other relevant items. After reviewing the case, the judge will rule on various matters in the case including the division of the couple's property and, if applicable, will act in the best interests of the child in determining child support, child custody and visitation rights.

Of course, other attempts to settle the case prior to trial will be made including mediation. During mediation, the mediator will not force either side to agree to anything, but will rather facilitate a discussion in an attempt to reach a settlement without going to trial. Settling in mediation is usually a much cheaper option than going to trial.

One of the most important things to remember in the course of a divorce is to do one's due diligence. Make sure that everything is in its proper order and all appropriate documents and paperwork are filed and/or provided to the Court. It's also important to remember that the Court acts on behalf of the best interests of the parties involved, including any children.

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