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What
Happens At the Hearing for an Uncontested Divorce
Courtroom Demeanor
The Witness
Choosing a Witness
Marriage Certificate
End of Hearing
How the Decision is Made
Judgment
When You Can Get Remarried
What happens
at the hearing for an uncontested divorce?
The hearing for a
non-contested divorce takes place before a master. A master is a lawyer that
helps a judge decide a case. Your corroborative witness must go with you to
the hearing. You should take copies of all the papers you have filed with
the court, any other court orders you already have about custody, support,
or property, and your separation agreement, if you have one (if you want it
included in the divorce judgment).
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Courtroom
Demeanor
While waiting for your case
to be called, maintain proper courtroom demeanor. Do not eat, drink, smoke,
or chew gum. If you must communicate, write notes- even soft talk can
distract the master and interrupt the hearing that may be going on before
you get your turn. Never argue with the master , or interrupt anyone else
who is talking. You can emphasize or repeat anything you think it is
important. Answer "yes" or "no" questions "Yes, Your Honor" and "No, Your
Honor." Always thank the master at the conclusion of your case.
The first thing that the
master will ask you is your name. You should stand up, introduce yourself
and say "Good morning, my name is . "I am the plaintiff, and I am
representing myself for a divorce." This will let her know that you want a
divorce and that you are not a lawyer.
The hearing will be recorded
either by a court stenographer (person who records everything said in court)
or by a tape recorder. The master or the clerk will swear you in and may
take a few minutes to look over your divorce complaint. The master will then
ask you questions.
The questions you will be
asked will be simple and you should know the answers in advance. Try not to
be nervous, but do not worry if you are. It is common for people to be
nervous in front of a judge or master. You will be asked about your
marriage, why you want a divorce and what you want (for example, custody, if
it has not been decided previously). Then the master will decide the issue
that you have raised.
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The Witness
It is important to know that you and your corroborative witness should be
very business-like in front of the master or judge. You should try not to
laugh or talk unnecessarily. The master wants to complete the hearing as
quickly as possible ( and so do you). The hearing should take approximately
10 minutes.
There are certain thing you
must tell the master. They include the following:
-
Your name and where you
live.
-
Your spouse's name and
address (if you know).
-
When and where you were
married.
-
Exactly when you separated
from your spouse.
-
Names and ages of the
children born to you and your spouse if any).
-
With whom the children are
living if they are minors (under eighteen)
-
How long you have lived in
Virginia.
-
State what you want (a
divorce).
The following questions, with
slight variations in wording, will usually be asked the plaintiff at the
hearing. However, if you are pro se, it is a good idea to have a
statement prepared giving all the necessary information in case the master
doesn't ask the questions himself. Many pro se litigants will ask
themselves the questions and the provide their own answers: Here is a list of
sample questions with answers in parentheses:
-
Please state your name and
address.
-
How long have you been a
resident of Maryland?
-
Has your residency been
continuous? (Yes)
-
Did there come a time when
you became married? (Yes)
-
To Whom?
-
When and where was that?
-
Can you identify this
document? The marriage certificate is handed to you. (Yes, it is my
marriage certificate, which I enter to the court as evidence).
-
Were there any children
born of this marriage?
-
What are their names and
ages?
-
Who has custody of the
child?
-
When did you and your
spouse separate?
-
Where were you living at
the time of separation?
-
Who left?
-
Why did you separate? (We
could not get along and agreed to go our separate ways).
-
Has this separation been
voluntary, continuous, and uninterrupted for more than a year? (Yes).
-
During the time of
separation did you and your spouse resume any cohabitation? (No)
-
Are there any property
rights to be settled by the Court? (No).
-
Is there any reasonable
hope or expectation for a reconciliation? (No)
-
Are you (or is your
husband) a fit and proper person to have custody of your minor child?
(Yes.)
-
Have provisions been made
for the support of your minor child? (Yes, my husband has agreed to pay me
$150 a week which complies with the minimum Virginia State Guidelines
based upon our incomes).
-
Can you identify this
document? The Virginia Child Support Worksheet is handed to you. (Yes,
this is the Virginia Child Support Worksheet that I completed previously,
which I enter to the court as evidence.).
You must have your
corroborative witness back up what you say to prove your grounds for
divorce. Your witness cannot say what you told her, but can say what she has
seen and what your spouse told her. If you are seeking a divorce on the
grounds of one-year voluntary separation, and you do not have a sworn
separation agreement, your witness must testify that you and your spouse
voluntarily agreed to separate and how she knows that fact. The witness
verifies your residency, your date of separation, the fact that you and your
spouse are no longer living together and cohabiting, that the separation has
been voluntary and continuous, and that there is no hope for a
reconciliation.
The witness is asked the
following questions by the master, or you can ask the questions yourself:
-
Please state your name and
address?
-
How long have you known the
plaintiff?
-
Where does the plaintiff
live?
-
How long has the plaintiff
been a resident of Virginia?
-
Did there come a time when
you learned that the parties separated?
-
When and how did you learn
about it? (They separated on May 1, 1994 and I witnessed him leaving the
house with his suitcases when he was moving).
-
Do you have occasion to
visit the plaintiff?
-
How often?
-
Have you seen the defendant
or any evidence of his living there?
-
Do you feel that there is
any hope for reconciliation?(No, there is no hope of reconciliation).
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Choosing a
Witness
Your witness can be almost
anyone: a friend, a parent, a neighbor, a relative, even your own grown
children, Your witness should be someone who knows you and your situation
well and, also, someone whom you can trust.
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Marriage
Certificate
Don't forget to bring a
certified copy of your marriage certificate with you to the hearing.
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End of Hearing
It is extremely important
that neither the plaintiff nor the witness give any more information than is
asked for. There have been many cases in which the divorce did not go
through because people started to talk too much. Picture this" "Have you
seen the defendant or any evidence of his living there?" (well, a lot of his
clothes are still there. and his stereo. And I have seen him over there a
coupe of times. Just a couple of months ago, he was over having breakfast
with Ann). An answer like that could cause the master to stop or rescind the
divorce action. This does not mean that you should lie, which is perjury.
Just be sure to answer the questions simply and directly.
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How the
Decision is Made
When a master holds the
hearing, the master will make written recommendations to a judge who
will make the final decision. The master may prepare the divorce judgment
for you. Either orally at the hearing or later in writing, the master will
tell you her recommendations. If you disagree with those recommendations,
you can file a notice of intention to file exceptions (a
specific list of thing with which you disagree) within five days
after you get the master's recommendations. The master will the file a
written report with her recommendations and send you a copy, and you can
then file your exceptions within ten days of the day the
recommendations were filed. There are other things you must do, such as get
a transcript (typed copy of what was recorded at the hearing) within
thirty days.
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Judgment
At your divorce hearing, you
will give a copy of the written judgment that you have signed to the master
unless you are told not do so. A judge will review your case and then sign
the written judgment you have submitted, unless there is a problem with it.
The judgment states that you are divorced and what the judge has decided
about the rights of you and your spouse in the divorce (for example, you are
awarded custody, your spouse is awarded visitation, etc.). After the judge
signs the judgment and gives it to the clerk, the judgment becomes final,
and the clerk will send you a copy.
After your divorce hearing,
you must fill out a blue vital statistics form the state uses to record all
divorces. The form asks for your name, your spouse's name, your address,
etc. If the master does not give you the form to fill out, you must go the
clerk's office to fill out the form and five it back to the clerk. The clerk
will certify your divorce and send your form the Bureau of Vital
Statistics.
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When Can You
Get Remarried?
It is best to wait thirty
(30)days after the date of your divorce judgment before you marry someone
else. If you wanted to, you could remarry when the judgment is signed.
However, your divorce could be appealed by your spouse within thirty days
after the judgment of divorce is filed with the clerk. If your spouse
appeals the divorce, the court of Special Appeals (the next higher court)
might rule that your divorce is invalid (not legal) for some reason, If that
happened, you would still be married to your first spouse and your second
marriage would not be valid.
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