# Divorce Court Question-Uncontested



## JustMe1980 (Nov 19, 2017)

I’m going pro se(no lawyer). I have a signed decree by both of us. I have to have a witness to my identity, where we lived and that we have been separated since July. So what else happens? Does it go quickly?


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## Bonkers (Nov 26, 2017)

If you're going to handle your own divorce you need to start doing some homework. Read books, articles, learn how it all works.

Don't rely on feedback from anonymous internet posters.

It's not necessarily true just because you read it on the internet.


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## Magnesium (Jun 19, 2017)

JustMe1980 said:


> I’m going pro se(no lawyer). I have a signed decree by both of us. I have to have a witness to my identity, where we lived and that we have been separated since July. So what else happens? Does it go quickly?


It sounds like an uncontested divorce, so I am guessing you have a signed Property Settlement Agreement and the only thing left is the actual court appearance. In my jurisdiction, once my documents were filed, I waited approximately 2 months for a court date. It takes only a few minutes in court with the judge asking your witness questions and then asking you similar questions. If satisfied with your answers, the judge will proclaim you divorced. I was able to get my signed and attested divorce decree within minutes and left the courthouse with them.


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## JustMe1980 (Nov 19, 2017)

Magnesium said:


> JustMe1980 said:
> 
> 
> > I’m going pro se(no lawyer). I have a signed decree by both of us. I have to have a witness to my identity, where we lived and that we have been separated since July. So what else happens? Does it go quickly?
> ...


Yes, this is exactly my situation. I was just curious what questions they even ask?


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## Broken_in_Brooklyn (Feb 21, 2013)

Assuming USA, 50+ states and territories, 50+ sets of rules. Do your homework on line with .gov web sites.


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## Magnesium (Jun 19, 2017)

JustMe1980 said:


> Yes, this is exactly my situation. I was just curious what questions they even ask?


Pretty basic ones that reflect everything in the decree: what day were you married; since what date have you lived separate and apart; any children; any hope of reconciliation; any matters left unaccounted for; when the PSA was signed. Nothing out the way. The judge will also ask the witness if they are personally aware of when separation occurred and how they are aware of that fact, basically looking for the answer that the witness has been in your home since the separation and is certain that cohabitation with the defendant is not occurring. 

None of the questions should throw you for a loop.

ETA: And, yeah, your jurisdiction may vary from mine, so your local county Web site or clerk's office should be able to show you where to find all you need. My uncontested divorce package actually included the list of questions, but I don't have that with me now or I would share it with you.


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## honcho (Oct 5, 2013)

JustMe1980 said:


> Yes, this is exactly my situation. I was just curious what questions they even ask?


If you have any minor children the court may ask many questions regarding support, custody agreement etc. 

It is dependent on what state you live in but if your both in complete agreement and the asset/liability division doesn't heavily favor one spouse and you've have no potential alimony issues the process can be quick and smooth where the judge basically asks if both parties agree, they ask if both parties agree that the marriage is irreconcilable and if everyone agrees the judge signs off.


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## Slartibartfast (Nov 7, 2017)

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## ReturntoZero (Aug 31, 2015)

honcho said:


> If you have any minor children the court may ask many questions regarding support, custody agreement etc.
> 
> It is dependent on what state you live in but if your both in complete agreement and the asset/liability division doesn't heavily favor one spouse and you've have no potential alimony issues the process can be quick and smooth where the judge basically asks if both parties agree, they ask if both parties agree that the marriage is irreconcilable and if everyone agrees the judge signs off.


Does it strike you as ironic that it "could" actually be that way?


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## EleGirl (Dec 3, 2011)

JustMe1980 said:


> Yes, this is exactly my situation. I was just curious what questions they even ask?


Knowing what state you are in would really help.

If you are doing an uncontested, quick divorce you probably will not even see a judge.

I divorced in 2012. We both agreed. I typed up the paperwork and filed it with the court. At the court clerk's window, the clerk stamped some numbers on it, took copies of it because they maintain an electronic copy on file. They told me to take the papers to a judge's secretary. It was right across the hall. The secretary took my papers and told me to come back in a 5 days to pick up the signed copies. So 5 days later I went in. The secretary pointed me to a file box on a shelf.. she told me to find my papers. The judge had signed them. So then I took it back across the hall to file clerk of the court's office again and the clerk behind the counter took copies of the papers. 

My divorce was final. Cost me $135.

Find your state's self help website and they will have instructions.


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## arbitrator (Feb 13, 2012)

*I was duly forced into  pro se  representation when my lady legal counsel resigned the case because of my inability to pay as well as finding out that RSXW’s counsel was a classmate friend of hers in law school.

I asked the District Court Judge for more time to try to procure legal representation fearing that TSXW’s counsel would run over me, but she was unrelenting, saying that the case had drug itself out long enough!

I was given the opportunity to cross-examine my RSWX but was so emotionally warped that I was afraid that anything that I might ask might be overruled!

To the District Judge’s defense, she saw my reaction, reassuring me that it wouldn’t be that bad and she started asking questions of her, which pissed RSXW’s counsel off! He even got into a  tet-a-tet  with her challenging her with the adage that she couldn’t be acting as my counsel and judge too, having her admonish him that she could send him to jail overnight for contempt of court and that would substantially level the playing field! 

The best decision that I made that day was to decline to present a case thus avoiding any cross-examination by her attorney!

The hearing lasted no more than an hour and we were out of there! *


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## MJJEAN (Jun 26, 2015)

I did my divorce in pro per. It was not difficult at all. My ex and I agreed on custody of the kids and had no assets to divide. 

I filled out the papers, had my ex served, and got my first court date. It was supposed to be a "case management conference" so the court could make sure everything was being done properly and issue any temporary orders that might be necessary. We met in the judges chambers, explained we'd already agreed on custody and had no assets to divide, and asked we proceed with finalizing the divorce instead of having to come back in a few months. The judge agreed.

We went back to open court. I was asked my name, address, and employment for the record. Then I was asked if the marriage had broken beyond repair, if there was any chance it could be saved, and if I agreed to the terms of the divorce as written. My ex was asked the same questions. The judge pronounced the marriage dissolved, I waited a few minutes for my copies of the finalized divorce papers, and walked out a free woman.


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## Slartibartfast (Nov 7, 2017)

..


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## arbitrator (Feb 13, 2012)

Slartibartfast said:


> I would caution anyone from having any expectation of similar help from the judge. What she did was clearly a violation of the Texas Code of Judicial Conduct which is intended, among other things, to prevent this kind of discredit to the judiciary. You'd be singing a different song, had it been the other way around. So was her wholly improper threat of contempt. Opposing counsel was right. It was not an "adage." It is the law. She gets away with it in divorce cases, because they are rarely appealed, which has little practical purpose, since the outcomes are mostly standardized, particularly in Texas.


*The judgment ultimately was that everybody walked away with whatever was in their name. I took the biggest financial hickie, since RSXW had comingled funds in her bank account but I couldn’t substantiate it, as my attorney at the time didn’t bother to follow through on the discovery process!

And according to a pair of attorneys at church, State District Court Judges in Texas have a lot of power on the bench. If what she did was illegal, no one bothered to have challenged her with an appeal or a threat of judicial misconduct! Although through news accounts, she been mildly admonished by the State Criminal Court of Appeals for judicial procedural improprieties in a criminal case more than a decade ago!*


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