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The Divorce Process When Both Parties Agree

Do We Still Have to Attend a Hearing Even Though We Agree on Everything? If So, What Should We Expect?

The answer to this question depends on (1) when you reach an agreement (i.e., at what point during your case); (2) whether you have minor children under the age of 19; and (3) whether both parties are represented by counsel.  Keep in mind that the Court must wait for 90 days to pass before it can issue a divorce.

09.15.20 ISC and Hearings When Both Parties Agree

The Initial Status Conference

There are a few notable and common court appearances that may take place during the course of your case.  The first is an Initial Status Conference (ISC), which is scheduled to be held within 42 days after the Petition for the Dissolution of Marriage, or the Petition for Allocation of Parental Responsibilities (APR), is filed.

The purpose of the ISC is to inform parties of the case management process, such as the procedures for filing and exchanging  your financial disclosures, and to determine the timing of future activities in the case. If parties foresee the need for experts, it may be identified early on, at the ISC.

If both parties have already filed and exchanged financial disclosures to their mutual satisfaction, and have reached agreements on all issues in the case, you may be able to avoid appearing for the ISC if you file all the completed documents, including the Separation Agreement (if it’s a divorce case), Parenting Plan (if it’s a divorce with children or an APR case), child support worksheets if children are involved, and an Affidavit of Decree Without Appearance.  If the Court sees these documents are filed before the ISC, they will likely vacate the ISC and provide direction on the next steps.  The next steps will depend on whether you have minor children and are represented by counsel.  If there are no minor children, then the Court can issue a divorce based solely on the documentation you submitted to the Court.  If there are minor children involved, and both parties are represented by counsel, the Court will also issue a divorce (or approve your agreements if it’s an APR case), without needing to appear in Court after the requisite 90 day waiting period has passed.  Lastly, if you reach a full agreement and file all of the required documents, but either party is not represented by counsel, the Court will require you both to appear for a quick, non-contested hearing to review and confirm the agreements that were reached.

Temporary Orders Hearing & Permanent Orders Hearing

The second opportunity for Court involvement – and this on is more substantive and problem-solving, rather than procedural like the ISC—is typically when the parties need a Temporary Orders hearing to address issues that are pressing and simply cannot wait to be resolved at a later date.  At a Temporary Orders hearing, the Court will issue interim Orders that govern the case until the Permanent Orders can be issued.

The third opportunity for  Court involvement is the Permanent Orders hearing, where the parties present evidence and argue their respective positions and wishes, and the Court issues the final orders that will govern how the parties will live their lives moving forward (such as, who will own the vehicles or home, retirement accounts, spousal maintenance, child support, parenting time, decision-making, etc.).

Overall

That said, there are other situations which arise that may necessitate a Court hearing in addition to those three listed above.  However, those situations depend on the particular needs of your case.

At any point after the ISC, if the parties reach agreements on all issues, the Court can proceed as explained above after the 90 day waiting period has elapsed.  Thus, even if you don’t have a full agreement at the ISC, you may very well have one shortly thereafter which would negate the need for a Temporary and Permanent Orders hearing.  In some cases, you may need guidance from the Court for Temporary issues, and may need to attend that hearing before you are able to fully resolve and reach agreements regarding your case.  In that situation, you may submit all of your agreements after a Temporary Orders hearing, which would negate the need for a Permanent Orders hearing.   Depending on whether minor children are involved, and whether the parties have counsel, you may need to make that quick non-contested court appearance, but it’s relatively easy to get scheduled.  The Courts love it when parties reach agreements!

Need More Help?

If you are in need of legal help with a divorce, consider reaching out to Nicol Gersch Petterson for a free 30-minute consultation or by looking into our Hello Divorce packages (coming soon)! Find more information at https://CoLawTeam.com or call 970.670.0378.

IMPORTANT DISCLAIMER: This blog post does not create an attorney-client relationship. It’s a blog post and not legal advice. Each case is different, and this post is meant for generalized knowledge, only. If you haven’t signed an engagement letter (or even received an engagement letter) AND issued some form of payment (peanuts do not count), then no attorney-client relationship exists. Nevertheless, we will do our best to ensure your confidentiality should you choose to contact us privately, but do not post about your case in the comments here (because reaching out for help with your case should be confidential, damn it).

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