Can I get a divorce decree signed without going to trial or hearing?

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Can I get a divorce decree signed without going to trial or hearing?

My spouse and I have filed all the needed paperwork and we signed and filed a settlement agreement. We want the judge to sign our divorce decree without having to go to a hearing or trial?

Asked on November 15, 2010 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the divorce is uncontested then there should not be a trial or hearing, as you say, on the matter.  The only things that will be reviewed by the court are issues that deal with custody and child support, and really only child support, as that is determined by statutory guidelines these days in most states.  If you and your spouse have decided everything else then you may not need to go to court.  But, if the judge wants to see the petitioner to grant the divorce then whomever it is will have to go.  I am assuming that you had an attorney help you with the paperwork (please say yes)?  He or she will be able to let you know how long it should take to get signed.  Good luck. 


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