Most parties going through a divorce or family law matter understand what a trial encompasses. A trial in a divorce or family law matter is a contested hearing. At the contested hearing, witnesses are called, and evidence is adduced.

After the trial, a judge has to decide about the case itself. In a divorce, for example, the judge has to decide whether to grant the divorce, how to divide marital property and debt, spousal maintenance, child custody, if there are kids and child support.

What Is A Non-Contested Hearing?

While many understand a contested hearing, few understand the concept of a non-contested hearing. A non-contested hearing is the opposite of a contested hearing.

In a non-contested hearing, the parties typically testify. Evidence is also admitted in the proceeding. But contrary to a contested hearing, a non-contested hearing is a different animal.

In a non-contested hearing, the parties agree to resolve the matter. Often, the parties have signed settlement paperwork to conclude their divorce or family law matter. All the parties typically want is for the judge to approve the settlement.

How Does A Non-Contested Hearing Work?

Both parties to the family law matter typically testify at a non-contested hearing. But the testimony is usually quite different from a contested hearing.

At a non-contested hearing, the parties typically answer “yes” to leading questions from the attorneys. The questions usually involve the parties confirming that they have agreed to the settlement and signed the settlement paperwork. The parties also testify that they want the judge to sign the settlement paperwork.

After the hearing, the judge either accepts the settlement paperwork or they do not. Ordinarily, judges will approve a settlement unless it is unconscionable. But every situation can be different.

Are There Alternatives To Non-Contested Hearings?

There is typically an alternative to a non-contested hearing. Increasingly, judges will accept settlement paperwork with the affidavits of the parties. But in some courts and specific circumstances, a court may still require a non-contested hearing. Non-contested hearings are more likely to be needed where there are children or substantial assets.