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Juliana
Juliana, Attorney
Category: Legal
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Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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Do I need to present at the court hearing if my divorce already

Resolved Question:

Do I need to present at the court hearing if my divorce already reaches a settlement agreement? Because I will not be in US at the hearing time.
Submitted: 8 years ago.
Category: Legal
Expert:  Juliana replied 8 years ago.
Hello,

There is a 50-50 chance that you will need to appear in court for your final divorce hearing if you and your spouse have reached a settlement agreement. Since it is the order that is signed by the judge, and not the settlement agreement, that results in a divorce, both parties are often required to appear for the final hearing.

In general, the plaintiff (the party who initiated the divorce) must appear in court and testify at the final hearing. In some locations in Illinois, the judge requires both parties to appear for the final hearing, even if a settlement has been reached.

Even if you are the defendant, you may be required to appear in court for the final hearing so that you can testify with respect to your understanding of the settlement agreement.

If you are represented by an attorney, your best bet is to ask him/her what is required in your particular county in Illinois.

Hope this helps,
Juliana
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