Laurie Israel

How to Obtain Court Orders in Divorce or Post–Divorce cases without Hearings     

May 26, 2015 by  
Filed under Divorce, Recent Articles

by Matthew Solomon, Esq.

Rule 412 (actually Supplemental Probate and Family Court Rule 412) permits parties to divorce or post-divorce actions to make certain changes in orders and judgments by administrative action by a judge instead of having to go to court for a hearing. However, many papers must be filed –and filed correctly in order for the court to act administratively.   If any of these are missing or questioned, the parties (and their attorneys) will need to come into court for a hearing. If the parties’ agreement and accompanying packet of forms is complete (and if the judge has no questions), the parties can expect to receive an order from the court within thirty days of filing.

It should be noted that the process, though not as stressful and time-consuming as a day in court, does require the parties to submit more than just a joint agreement to the court. Here are some of the forms that are needed:

  • An agreement (generally notarized) which must state many particulars as specifically required by Rule 412.
  • Accurate and complete court-form Rule 401 Financial Statements with supporting documentation.
  • A complete and accurate Child Support Guidelines Worksheet, if child support or medical, dental r vision insurance is being modified;
  • A proposed Child Support Findings form if the parties are deviating from the child support guidelines calculation

The parties will be notified of a hearing date if the court believes a hearing is necessary or helpful to resolve the matter.

Despite the clear intent behind Rule 412 to make things cheaper and easier for parties, it still is recommended that you consult with an attorney prior to filing. An attorney can help assess the complexity of the issue you are attempting to modify and attorneys have more familiarity with probate forms and how they need to be filled out.

 

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