|
Written by Karen B. Hall
|
|
Wednesday, 21 January 2009 20:27 |
|
If a settlement agreement or "Marital Dissolution Agreement" (as well as a Permanent Parenting Plan where applicable) has been entered by the parties, the divorce can proceed to final hearing as uncontested. A Final Decree of Absolute Divorce can then be entered by the Court upon a plaintiff's appearance and giving in-person testimony in support of the settlement agreement and/or parentingn plan. If the divorce remains unsettled, a trial will be held on the merits of each party's allegations. Sworn testimony of the parties and their witnesses will be presented at the trial, and evidence will be entered before the Court. The Court will then enter a Final Decree upon determination of all disputed issues. The trial court procedure for obtaining an absolute divorce which is uncontested varies. In Circuit Court of Shelby County, uncontested divorces are granted on Wednesdays at 9:00 a.m. or otherwise by special setting. In Chancery Court of Shelby County, the Court sets the matter for final hearing upon notification that all particulars are ready for such setting. A contested matter proceeds to trial based on the Court's setting the matter of its particular docket.
|