How Do I Schedule a Final Hearing for an Uncontested Divorce?

How Do I Schedule a Final Hearing for an Uncontested Divorce?


Question:

I filed an uncontested divorce. It is amicable so all documents from both sides were filed together. Do I need to wait to be assigned a judge first, then contact the judge’s assistant?  Is there some general calendar that I need to sign up for? Through researching I found that you must allow 5 days prior to the final hearing, but I could not find out where to go or who to contact?

Answer:

When you file an uncontested divorce, it includes several documents, including the Joint Petition for Divorce, Separation Agreement, Affidavits of Irretrievable Breakdown of the Marriage, the parties’ financial statements and parenting certificates. It should also include a “Request for Hearing.” Even if it did not, however, once the Joint Petition and documents have been filed and docketed by the court clerk, your case would be assigned to a judge and an uncontested hearing scheduled based on that judge’s calendar. You should receive a “Notice of Trial” or notice of “Uncontested Hearing” from the Court indicating that date, time, and court where your uncontested hearing will be held.  If you do not receive anything in a reasonable amount of time (a few weeks as some court clerk’s offices have a backlog), then you may call the clerk’s office, find out the name of the judge in your case and contact that judge’s assistant to find out if it has been scheduled or a date on which it may be heard.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.