A Fort Mill Final Hearing and Uncontested Divorce
So, you have made it to the final hearing in your divorce case. Congratulations! You and your attorney have poured hours of time into your divorce, and you can finally see the horizon. However, you may be wondering how exactly you get to that horizon. In all likelihood, you’ve never attended a final hearing before in Family Court. Do not let that worry you. A Fort Mill final hearing is easy if you and your spouse have an agreement.
Two Types of Final Hearing
For an uncontested divorce, a final hearing can have two different forms. The form of your Fort Mill final hearing depends on whether the Court has already approved your agreement.
Typically, the Court has already approved your agreement if you went into court to get an order of separate maintenance and support. Your attorney will be able to tell you if your agreement is approved already. If this is the case, then your hearing will only involve the Plaintiff presenting their case for divorce. The attorney will ask some basic questions to the Plaintiff to establish jurisdiction, the grounds for divorce, and to incorporate the approved agreement. If you are pursuing your divorce on the grounds of one-year separation, the Plaintiff will also need to bring a witness. The Plaintiff’s attorney will then ask the witness questions to corroborate the Plaintiff’s testimony. Both the Judge and the Defendant may ask either the Plaintiff or the witness questions. If the Judge is satisfied with all the testimony, he or she will approve your decree of divorce.
If the Court has not already approved your agreement, then, before the above procedure takes place, the Judge will ask both parties a few questions. These questions are simple. The Judge wants to ensure that the parties entered into the agreement fairly and that they understand what they are doing. Once the Judge is satisfied with the agreement, the Plaintiff’s attorney will present their case.
What to Bring
The only paperwork you will need is a financial declaration that is current within 30 days of your hearing. Hopefully, your attorney will have this prepared ahead of time. However, if you need to bring it to court for the attorney, be sure that you have had the agreement notarized.
That is all there is to a Fort Mill final hearing for an uncontested divorce. Obviously, a contested divorce will be more involved and intensive. However, most Fort Mill divorces end in agreement.