What is a non-contested hearing in divorce and family law matters? | JD Supra
What is a non-contested hearing in divorce and family law matters? JD Supra
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Understanding Non-Contested Hearings in Divorce and Family Law Matters
When it comes to divorce or family law matters, most parties are familiar with the concept of a trial. A trial in these cases involves a contested hearing where witnesses are called and evidence is presented. However, there is another type of hearing called a non-contested hearing, which is often misunderstood.
What Is a Non-Contested Hearing?
A non-contested hearing is the opposite of a contested hearing. In this type of hearing, the parties involved typically testify and present evidence. However, unlike a contested hearing, a non-contested hearing has a different purpose.
In a non-contested hearing, the parties have reached an agreement to resolve their matter. They may have already signed settlement paperwork to finalize their divorce or family law case. All they need is for the judge to approve the settlement.
How Does a Non-Contested Hearing Work?
During a non-contested hearing, both parties usually testify. However, their testimony is different from that in a contested hearing.
At a non-contested hearing, the parties typically answer “yes” to leading questions from their attorneys. These questions confirm that they have agreed to the settlement and have signed the necessary paperwork. The parties also express their desire for the judge to sign off on the settlement.
After the hearing, the judge will either accept or reject the settlement paperwork. Generally, judges approve settlements unless they are deemed unconscionable. However, each situation is unique, and outcomes may vary.
Are There Alternatives to Non-Contested Hearings?
In some cases, there may be alternatives to a non-contested hearing. Increasingly, judges are accepting settlement paperwork along with the parties’ affidavits. However, certain courts and circumstances may still require a non-contested hearing, especially when there are children or significant assets involved.
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