# First Court Date



## Peeps678 (May 21, 2013)

Well, tomorrows my first court date. Well...technically its today...since im awake and can't sleep. In 7 1/2 hours, I'll be sitting in the courtroom. I really have no idea what to expect. The lawyer was supposed to send me stuff to look over a week ago so my STBXH and I would know what was going to happen, but we have yet to see any paperwork. Im kind of irritated. 

My STBXH and I still get along good, much better now than when we were together, but I just want this all over. I want to finally be done with it. I know that's why I can't sleep because of having to go to court. -sigh-

I know my morning will be interesting, but at least I have tomorrow night to look forward to!


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## EleGirl (Dec 3, 2011)

I guess just go and see what happens. Are the two of you in disagreement with anything? 

Hope it goes well for you.


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## Peeps678 (May 21, 2013)

EleGirl said:


> I guess just go and see what happens. Are the two of you in disagreement with anything?
> 
> Hope it goes well for you.


No, we are agreeing on everything. Which is great. It'll make things much easier. I just feel anxiety kicking in because i dont know what to really expect. Ive never had to go to court before....like...ever. LOL


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## EleGirl (Dec 3, 2011)

If the two of you agree on everything I wonder why you even have to go to court. If you are in agreement, the judge can just sign the papers. Of course then your attorney does not earn the money for being in court.


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## Pbartender (Dec 6, 2012)

If it's a "status" -- most likely, if the two of you are agreeing on everything -- then it's just the lawyers having a chat to let the judge know where things stands and how things are progressing... What's been agreed on, what hasn't, was causing problems, and what's being done to move things forward. No big deal, and you don't even really need to be there.

If it's a pre-trial (I had one with AXW two weeks ago), that's when the lawyers each "unofficially" present their case to the judge, and the judge gives recommendations... Essentially the judge says, "If this case went to court and these were the facts presented, this is how I would rule." It's sometimes used to break up a log jam in the settlement negotiations (we were having trouble agreeing on child support, for example).

Either way, don't sweat it... It's all about the attorneys and the judge in a private meeting... You won't get to do anything but sit and wait for them to come out and tell you what happened, anyway.

And pester your lawyer... He should be keeping you informed about this sort of stuff. Especially if you're asking him for information.


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## Pluto2 (Aug 17, 2011)

"And pester your lawyer... He should be keeping you informed about this sort of stuff. Especially if you're asking him for information." 


What he said.


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## Peeps678 (May 21, 2013)

Well, we were in court for all of 5 min and have our next date set for July 9th. Hopefully everything will be finalized then. I just felt that it was pointless for us to be there since we didn't talk about anything. Just basically asked my lawyer how things were going.


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## EleGirl (Dec 3, 2011)

I would bet that your attorney is just running up the bill by doing these courts hearings.

In a divorce where everyone agrees there is no need for the two of you to show up and pay attorneys for this.

Do the two of you have your own attorneys? Or are you using the same attorney?

You should both ask your attorneys how to avoid going to court and how to get judge to just sign off on your divorce. Tell him that you don't want to spend $$ to show up for 5 minutes when you both agree on the settlement.


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## Pbartender (Dec 6, 2012)

EleGirl said:


> I would bet that your attorney is just running up the bill by doing these courts hearings.


The court dates are set by the judge. The attorneys are required to be there. The clients don't always need to be there. The judges set these dates, because they want to know what's going on with the case and they want to make sure that it's moving forward. And it's also a requirement to go to court to finalize the divorce, even if everybody agrees on everything.

This isn't the attorneys running up bills, EleGirl, it just the way the process works.


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## EleGirl (Dec 3, 2011)

Pbartender said:


> The court dates are set by the judge. The attorneys are required to be there. The clients don't always need to be there. The judges set these dates, because they want to know what's going on with the case and they want to make sure that it's moving forward. And it's also a requirement to go to court to finalize the divorce, even if everybody agrees on everything.
> 
> This isn't the attorneys running up bills, EleGirl, it just the way the process works.


I've been through divorces myself. I've done a lot of work in helping with evidence for divorces. Not all divorces have to have a hearing at which the attorney has to be present. I've seen many that do not.

The judge gets the paperwork and an affidavit stating that all parties agree. Or both parties sign the divorce papers before they are given to the judge. The judge then signs the divorce and it's filed. No attorney at any court hearing.

My divorce in March was like that. I've been involved in other divorces that are handled like that.


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## Peeps678 (May 21, 2013)

The biggest reason nothing was done was because of our house. Its under contract and once everything gets approved., then we can go forward with a settlement.


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## Pbartender (Dec 6, 2012)

EleGirl said:


> I've been through divorces myself. I've done a lot of work in helping with evidence for divorces. Not all divorces have to have a hearing at which the attorney has to be present. I've seen many that do not.
> 
> The judge gets the paperwork and an affidavit stating that all parties agree. Or both parties sign the divorce papers before they are given to the judge. The judge then signs the divorce and it's filed. No attorney at any court hearing.
> 
> My divorce in March was like that. I've been involved in other divorces that are handled like that.


Fair enough.


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