Anyone know about or been to a "Default hearing"?

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Anyone know about or been to a "Default hearing"?

Postby stretchkr » Thu May 31, 2012 4:21 pm

My lawyer says I will have to have one, being as the stbx does not have an atttorney, but was vague as to what it was. I'm assuming the judge goes over the decree, and makes sure everything is correct? Lawyer also says stbx does not need to be there, but if she is, will the judge ask her questions or just me?
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Re: Anyone know about or been to a "Default hearing"?

Postby defaultuser » Thu May 31, 2012 5:06 pm

Are you asking about a hearing for a default judgement, as in, your X didn't respond to your petition for divorce?
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Re: Anyone know about or been to a "Default hearing"?

Postby stretchkr » Thu May 31, 2012 8:23 pm

Default hearing for uncontested divorce. Basically we settled everything outside of court, I hired an attorney to do all the paperwork, and since we hjave kids, there is a hearing before we are actually divorced.
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Re: Anyone know about or been to a "Default hearing"?

Postby Fatheroffour » Thu May 31, 2012 8:31 pm

I went to such a hearing last year though it wasn't called a default hearing. The judge looked over the paperwork, asked if the marriage was irretrievably broken, signed the paperwork and sent me on my way.

Easy peasy.
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Re: Anyone know about or been to a "Default hearing"?

Postby Thoughts? » Thu May 31, 2012 9:27 pm

Not heard that same terminology either. Around my area it would be simply called a "hearing at the uncontested docket." Basically one of the lawyers enter the agreement into the court record, the other party can waive their right to appear or show up, the party to the case that is there for sure (you in this case) swears as to its authenticity, and might have a couple of questions asked. The judge has the ability to ask you, your attorney or if present your ex questions, but if they do they are very simple.

The orders are almost always signed without major issues. Either the orders are signed, or they are not and they are sent back for revision. If they are sent back for revision (due to a concern of the judge), the two lawyers try to resolve & then repeat the process if they feel they've addressed the concern.
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Re: Anyone know about or been to a "Default hearing"?

Postby stretchkr » Fri Jun 01, 2012 8:14 am

Ok. There shouldn't be any concerns. I went by the book with custody, and child support. Theres little equity in the house which I am keeping, and stbx agreed to waive all rights to it. Same with our cars, my 401k, bank accounts. Most is seperate already so its a pretty clean break. The decree will address all the future issues i could think of, healthcare, after school activities, daycare, holidays etc...

I tried searching it, but its called something different everywhere, so I guess I'll post what happens.
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