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If you're the defendant in a non-contested divorce and don't want to appear for the final hearing, what are the ramifications?
Anonymous1 views4 answers
Would a consent judgement ahead of time be enough to protect my property if we were to agree to everything? My other half filed for divorce and has already vacated the home. We've already separated all assets... I just don't want to have to be in their presence ever again. The overall feeling has been amicable.
Walter A. Shalvoy Jr.Criminal Defense AttorneyNewtown, CT ·
You absolutely want, no need to be there for the uncontested. You don't know what can happen and need to protect your rights. Contact a family law attorney and get something set up
What you need is a written settlement agreement. The agreement would set out all the terms of the divorce, even if you have already separated everything, it still should be in writing and filed with the court at the time of the divorce. Although it is not a requirement that you attend the uncontested hearing, it is very important that you go and to not go could be a huge mistake.
Both Mr. Hubicki and Mr. Shalvoy have given you excellent advice. The one thing I would highlight is the possibility of an agreement's being entered without your input. If the Court accepts the representations of the other side and you are not there to contest something to which you did not agree, you will be on the hook, as it were.
Many times a judge may find that something is missing from your agreement, and therefore, if you are not present, you will not have any say in what the judge is looking for. Furthermore, a judge may not approve all provisions in your agreement. If that happens and you are not there, you could forfeit your rights to the modified provision.
If your overall divorce was amicable, by all means show up for the uncontested hearing!
