Judge questions at the hearing


#1

What questions will a judge ask during a typical “no contest” divorce hearing?


#2

At an uncontested absolute divorce hearing, whether or not the judge will ask questions depends on the individual judge. Usually judges will ask the person testifying to state their name and residence, and leave the rest of the testimony up to the person testifying. A judge will not ask the person testifying every question that must be answered like an attorney would.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I was thinking more along the lines that I would have to convince the judge that my reasons for wanting a divorce were “good enough”. My ex and I are on fairly amicable terms (for the kids), but if I have to provide a list of grievances in front of everyone I’m worried it will start the drama all over again. Hopefully the questioning will be quick. Thanks Anna!


#4

No, you do not have to explain to the judge your reasons for divorce. This is because in NC, married couples can divorce for any reason they like with no explanation needed.

There are 4 requirements to obtain an absolute divorce, and you’ll need to make sure you testify to each one:

  1. The spouse filing the absolute divorce action is a resident of the State of North Carolina and has been for at least 6 months prior to filing the action.

  2. There was a valid marriage.

  3. The spouses have lived separate and apart for at least 1 year.

  4. At least 1 of the spouses separated with the intent to remain separate and apart.

If you can prove these 4 things (through your testimony), then you will be entitled to an absolute divorce.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thank you! I appreciate your time! :slight_smile: