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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10013
Experience:  Experienced Family Law Attorney
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I have been served a divorce citation. I have filed a pro se

Customer Question

I have been served a divorce citation. I have filed a pro se answer online. I am working with my wife's attorney and we have reached an agreement on all items negating the need for mediation or trial. Do I still need to attend the temporary orders hearing and/or go with an attorney?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Normally after the papers are filed, within 2 weeks the court will hold a temporary order hearing, to make determinations as to temporary support and custody, if there are children. If the parties come to an agreement before then, the temporary order hearing may be removed from the calendar; if it is still scheduled then both parties (and their attorneys if applicable) typically attend, to verbally confirm the written agreement, and to have the agreement converted into an order. This is particularly important because should the order be violated, and the other party wishes to pursue a contempt charge, the party petitioning for contempt must show the violator had actual knowledge of the court order- their physical presence helps establish that.

The judge will typically review any agreement to ensure it is fair, and made of free will; if child support is at issue they tend to provide additional scrutiny to that to ensure the child receives adequate support.

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