The Divorce Hearing
The filing party is responsible for scheduling the divorce hearing. The hearing may be scheduled at the courthouse for a date no earlier than thirty days after the date of service of process on your spouse. A hearing takes place so that a judge can hear evidence and enter the judgment of absolute divorce. There are two ways of presenting evidence to the judge at your divorce hearing. First, the plaintiff may appear before the court to give in-person testimony as to the allegations made in the complaint (e.g., that the parties are married, that they have been separated for one year, that the residency requirement is met, etc.). Second, the plaintiff may execute written, sworn statements as to the veracity of the allegations made in the complaint, and the plaintiff’s attorney may appear in court on the plaintiff’s behalf. In this second method, the plaintiff is not required to make a court appearance, and the judge will enter an order of summary judgment granting the divorce. An Everett Law Firm attorney can discuss these options with you to determine which method best suits your needs. After the entry of divorce, the court will retain one copy of the order, and you and your spouse will each receive one copy.