Step Eight: The uncontested final hearing

If you have agreed on all of the issues, the court will schedule you for an uncontested hearing. This will be the final step.

At the hearing, the Magistrate (or Judge) will ask the Plaintiff to answer a few simple questions, such as:

  • When and where were you married (if you are married)?
  • What is your spouse's/partner's name?
  • What are the names and ages of your children?
  • Has your marriage been "irretrievably broken?" (You have tried but cannot "save" the marriage.)
  • Can you explain the terms of your agreement? (The Magistrate will have a copy and may read it off to you, asking both of you if it accurately states your agreement.)
  • Do you want the court to issue a final judgment based on your agreement? (The court wants to make sure that you willingly agree - that are not being forced, threatened, or coerced.)

After this very short hearing, the Court may sign the Divorce Judgment (or, for unmarried parents, the Final Parental Rights and Responsibilities Order). The clerk may give you a copy that day, or you may receive it in the mail a few days later. The Order takes effect when the clerk enters it on the "court docket," usually the same day as the Magistrate signs it.