I suggest that you also get the custody and visitation added to the agreement. Even the most amicable and flexible parents can change when a 3rd party gets involved. You can have a set schedule in writing but have it say that adjustments to the schedule due to any reason will be discussed and made by agreement of both parents. I do not think that this would be an issue in court, but for your own protections…
When one of you file the divorce papers, the other is served. If the one that is served signs that the documents are agreed to then there should not need to be a hearing. If the other party does not sign the papers, then the filing party would need to go before the court to state that the requirement for filing has been met and that there are no other issues that are being contested, such as ED or custody. Yes, you should take all documentation with you but it may not be needed.
if there is no hearing, then how do you get divorced.
good point with getting schedule in writing.
If you both sign the papers they will go before a judge who will sign them and you both should get a copy of the final divorce decree.
If one of you do not sign then it will have to wait the 30 days then go before a judge, the filer must appear to testify about the required separation met and the judge will grant the divorce. You then should get a copy and the ex will get a copy.
just to be clear - so if we both sign the paperwork, neither one of us has to go to court and appear before a judge at all…correct?
the paperwork - this i can get from the Wake County courthouse to complete and file?
I don’t believe so. My husband had to go to court for this because his ex refused to sign the papers. It was not a big deal. I don’t know how this would work without an attorney though…
Maybe someone else has done the DYI divorce and knows this.
You will appear in court, only the person who filed needs to go. The judge will ask you: Where you live and how long you’ve lived there, when you were married, when you separated, if you have remained separate and apart for a year and if you have any children. If your answers comply with the statute, your divorce will be granted.
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We have prepared and executed our own separation agreement and in Sept will be separated for one year and one day. What can one expect in a divorce hearing with no attorney representing either party? What does a judge ask? Do we need to bring any documentation with us? We have a child and we have worked out our visitation schedule verbally since we are flectible with each other schedule - will that be an issue the judge brings up since we do not have the visitation schedule in writing? What questions are asked of us at the divorce hearing?