# What is uncontested hearing...!!



## LVS (Apr 5, 2010)

The divorce papers was served on August 16 2010 with default of respondent, husband.

I was expecting the judge signature on Feb 16 2011 instead i got a notice on Feb 28 that the judge didn't sign the papers. 

Why would the judge ask for a default hearing and stretch the time till April 7 2011

This is making me feel bad and nervous to stand up in the court against my H especially it is going to be bad in the eyes of my kids. 

I was glad that he defaulted and i've been told that i am going to get everything i asked for without going to the court.

Plus it is something i don't know about it what is it uncontested hearing or default hearing?

Should i be prepared with any documents?

What if my H didn't show up? Is that mean the judge is going to schedule another hearing date? Or what if my H start bringing up things to make the process longer? Can HE do that now? Are we going to be back and fourth?

People who knows or already went through this please help me to understand!!!


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## LVS (Apr 5, 2010)

I am still waiting a reply

Are my questions unclear or no one has the answer for me??


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## 827Aug (Apr 27, 2008)

I've not experienced this, but lately I seem to be having to learn a lot about our legal system. Some of this will be determined by your state laws, etc. Do either of you have attorneys? I'm assuming not. Therefore, I would call the clerk of court's office and ask them these questions.

At the last hearing my estranged husband was 10 to 15 minutes late. Although annoyed, the judge said we would precede without him. The hearing began on schedule.

Hope you can get some answers.


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## woodstock (Feb 21, 2011)

Google like this "your state" divorce "default hearing" 

Use the quotes where I put them. If you don't find exactly what you are looking for, replace default with uncontested.

I was looking up things in child support issues and this is how I found it for my state.

Uncontested in general means that no one is contesting what is in in place, but if the papers came across a judges desk without a personal appearance with the defendant/plaintiff... he may have considered it a first appearance, and just put once more chance out there for someone to show up on the date to contest. More of a technicality to make sure that in 3 weeks the case is not reopened with one person saying "well I didn't know" or "I didn't get a notice" etc...Usually a certified letter will be sent out to ensure that a person was notified. If no one constest on the second date, judge signs and it's done.

That is not from divorce proceeding experience, but it is how it works in other cases. 

example: Domestic violence.. If the defendant shows in court, at the first hearing it is optional for the witness/plaintiff to show up. If they do show, the case can be closed, if not, a second hearing is scheduled and if they still don't show, the case is settle with the prosecutor or by the judge. I am guessing here, but that kind of sounds like default/uncontested


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## LVS (Apr 5, 2010)

Thank you 827Aug and woodstock i appreciate the helpful information you gave to me

I did as you said woodstock and found some answers in this link

California Courts: Self-Help Center: Families & Children: Divorce, Legal Separation & Annulment: Get a Divorce, Legal Separation, or Annulment: Guide for an Uncontested Case for Divorce, Legal Separation, or Annulment: Step 5: File the Judgment Forms

and the following link has helpful information too even it is not in California

http://www.superiorcourt.maricopa.gov/sscDocs/pdf/dr68p.pdf

Hope they will help the readers who have the same questions..

I was reading that my H doesn't have to be present for the hearing.

What do you think? Is there a way to know if he received the same notice for default hearing ?

Do you think if i called the clerk of court's office, is it ok if i asked them? Would they tell me this kind of information?


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## woodstock (Feb 21, 2011)

Both sides usually get it, but you should be able to call the court (should be a number on the notice) and ask. That's what I did with a CS issue last week. They can tell you if he got the same notice etc..


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## 827Aug (Apr 27, 2008)

Generally both parties get the same notices. The court will not contact one party without also notifying the other. The clerk of court's office should answer all general questions regarding procedures.


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## LVS (Apr 5, 2010)

I asked the legal advisor at YMCA she said that my H doesn't need to go but he gets the same notice as you both said 

She also said that the judge is going to ask me few questions and sign the papers
and then the divorce will be final

Thank you for your help


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