What to Expect at the Final Hearing of Your Uncontested Divorce

What is an Uncontested Divorce?

Before diving into the final hearing, it’s important to understand what an uncontested divorce entails. An uncontested divorce means that both spouses have agreed on all issues, including:

• Division of assets and debts
• Child custody and support (if applicable)
• Spousal support (alimony)
• Any other matters relevant to your divorce

Since there is no dispute, the process is much quicker and less expensive than a contested divorce. The court will schedule your final hearing once everything has been agreed upon and the required paperwork has been filed.

Preparing for Your Final Hearing

Though an uncontested divorce is more straightforward, preparing for the final hearing is essential. Here’s a checklist of things to do before the hearing:

1. Review All Paperwork: Ensure all the necessary documents, such as the marital settlement agreement and parenting plan (if you have children), have been completed, signed, and submitted to the court.
2. Know the Court Date and Time: Your divorce will not be finalized until the court hearing, so note the date and time of your appearance. Arriving late or missing the hearing can cause delays.
3. Gather Necessary Documents: Bring copies of your divorce papers, including your petition for divorce, settlement agreement, and any financial documents that may be required.
4. Dress Appropriately: Courts typically expect business casual attire. You don’t need to wear formal business wear, but avoid casual clothing such as jeans, t-shirts, or flip-flops.
5. Consider Having Your Lawyer Present: While you may not be required to have legal representation at the hearing, having a lawyer can ensure that everything goes smoothly and that you understand the process.

What Happens at the Final Hearing?

The final hearing in an uncontested divorce is usually short and straightforward, lasting only about 10-15 minutes. Here’s what typically happens:

1. Check-In: Upon arriving at the courthouse, you’ll check in with the court clerk or bailiff. You’ll then be directed to the appropriate courtroom.
2. Entering the Courtroom: When the judge is ready, you and your spouse (if both attending) will be called to the front. In some cases, only one spouse needs to attend, but it’s important to check with the court in advance.
3. Judge Reviews the Settlement: The judge will review the divorce settlement agreement, as well as any parenting plan, if applicable, to ensure that it is fair and in accordance with Florida law. The judge’s goal is to ensure that all legal requirements are met and that both parties understand and agree to the terms.
4. Questions from the Judge: The judge may ask some brief questions, such as:
   • Are both parties in agreement with the divorce terms?
   • Do you believe the settlement is fair and equitable?
   • Are you waiving your right to a trial and agreeing to end the marriage through an uncontested divorce?
   • If you have children, the judge may ask about the parenting plan, child support, and custody arrangements to ensure they are in the children’s best interests.
5. Signing the Final Judgment: Once the judge is satisfied with the settlement and answers, they will sign the final judgment of dissolution of marriage. This document officially ends the marriage and includes all the terms you and your spouse have agreed upon.
6. Receiving Your Divorce Decree: After the judge signs the final judgment, you will receive a copy of your divorce decree, the official document finalizing the divorce. This decree will outline the divorce terms, including the division of assets, child custody arrangements, and any support orders.

What Happens Next?

Once the judge signs the final judgment, your marriage is officially dissolved. You are legally divorced and free to move on with your life according to the terms of the agreement. If you ever need to make changes to the agreement (e.g., modifying custody or support), you may be required to return to court for those specific matters.

FAQs About the Final Hearing

Do I have to attend the final hearing?

In most cases, at least one spouse must attend the final hearing. However, some counties may allow you to attend virtually or submit a notarized statement in certain circumstances. Check with your local court to confirm.

Can the judge change our agreement at the final hearing?

It’s rare, but a judge can refuse to approve a divorce settlement if they believe the agreement is unfair or violates Florida law, particularly concerning child custody or support. If this happens, the judge may request changes or more information before finalizing the divorce.

How long after the final hearing is the divorce final?

The divorce is typically final on the same day as the hearing, once the judge signs the final judgment of dissolution of marriage. You’ll receive a copy of the decree as your official proof of divorce soon after.

Contact a Pinellas Family Lawyer

The final hearing of an uncontested divorce in Florida is typically a brief and straightforward process. You can easily navigate this last step by preparing in advance and knowing what to expect. If you have any questions or concerns, it’s always a good idea to consult a divorce attorney who can guide you through the process and ensure your rights are protected.