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Approval without a Hearing

Quick Facts
  • Approval without hearing if no minor children and spouses agree in writing.
  • Approval without hearing if spouses stipulate and are represented by attorneys.

The proposed findings of fact, conclusions of law, order for judgment, and judgment and decree are submitted to the court for approval and filing without a final hearing in the following situations:

  1. If there are no minor children of the marriage, and the spouses have agreed in writing, or the respondent has not appeared after service was duly made and proved by affidavit and at least 20 days have elapsed since the time for answering has expired; or
  2. If there are minor children of the marriage, the spouses have signed and acknowledged a stipulation, and all parties are represented by counsel.

Regardless, the court will schedule the divorce for hearing if the proposed judgment and decree does not appear to be in the best interests of the minor children or is contrary to the interests of justice. A common theme throughout family law proceedings is that, where children are concerned, the best interests of the children will come before any self-serving wishes of the parents.