If you and your spouse cannot agree on all issues in your divorce, you may need to attend at least one court hearing to have a judge rule on matters for you. Understanding what to expect during such proceedings can help you feel more prepared for this often unfamiliar aspect of the divorce process.
For example, how long does a divorce court hearing last? Below, learn more about court hearings in the divorce process and how your attorney can help you feel more comfortable navigating one.
How a Divorce Attorney in San Mateo, CA, Guides You Through the Legal Process
Having a divorce attorney in San Mateo, CA, on your side can be extremely helpful, whether you are navigating a contested or uncontested divorce and whether your spouse is cooperating or not. Legally separating from a spouse requires you to meet very specific conditions and navigate often complex hurdles, and an attorney can act as your experienced guide.
Legal counsel in San Mateo, CA, can also help you understand and protect your rights throughout this process to work toward a fair and agreeable resolution regarding custody, property division, and other matters. You can walk away from your divorce with confidence and start moving on to the next chapter.
What Is a Divorce Court Hearing?
A divorce court hearing is an appearance in front of a judge for matters related to the divorce. Hearings often arise when one party submits a Request for Order (form FL-300) asking a judge to make temporary rulings on certain issues, such as child custody, visitation, or child support. In some cases, a couple can ask the judge to decide on one or more issues at a hearing rather than during a full divorce trial, saving time.
Divorce court hearings typically only arise in cases in which the spouses cannot agree on all issues in the divorce process. This is considered a “contested” divorce in California. In an uncontested divorce, couples can often complete the entire legal process without needing to set foot in a courtroom.
Average Duration of Divorce Court Hearings
Divorce hearings are often scheduled for either 20 or 40 minutes, depending on the complexity of the issues to be discussed and other factors. However, the actual length of the hearing can vary significantly.
When the court schedules a hearing, it often does not provide an exact time for when the appearance will take place. Judges may have several hearings on the docket each morning and afternoon, and a judge can use their discretion to determine what order they will call cases in. This means that if your hearing is scheduled for the morning, you should plan to be at the courthouse for the entire morning so that you are ready when your case is called.
California courts also recognize “long-cause hearings,” which are hearings on requests for order that require more than one court day to complete. In these cases, the judge often schedules a conference with the parties before the hearing to ask for a time estimate and a hearing brief.
Factors That Affect the Length of Divorce Hearings
How long does a divorce court hearing last? Several factors can affect the duration of these appearances, including:
- The number of issues to be discussed: If you are just asking the judge for a temporary ruling on who can live in the house, for example, the hearing will likely be faster compared to if you have several issues to present.
- The complexity of the issues: Some issues require more evidence and time for the judge to properly rule on. For example, if one parent is requesting a temporary order for full custody, the judge will need to spend time reviewing evidence and asking both parties questions to make a determination.
- Whether the hearing will include testimony: Some long-cause hearings include testimony as evidence of a party’s position. Testimony can extend the length of the hearing significantly.
What To Expect During a Divorce Court Hearing
Going to court and presenting your position in front of a judge can certainly feel intimidating. Understanding what to expect from this process helps you feel more comfortable. Also, remember that your attorney will be with you every step of the way and will represent you during the hearing, meaning you may not need to do much talking.
The hearing process generally follows these steps:
- One party (considered the “moving party”) files a Request for Order with the court, prompting the court to schedule a hearing.
- The court provides the hearing date, approximate time, and location.
- At the hearing, the moving party or their legal counsel tells the judge what orders they are requesting and why.
- The other party or their legal counsel tells the judge whether they oppose the request and why.
- The judge reviews any pleadings that have been filed and the arguments of both parties, then makes a decision.
The decisions made in divorce court hearings are often temporary, and the same issues may be revisited during the larger divorce trial. But in some cases, a judge can rule on minor issues in the divorce during the hearing and avoid the need for a trial.
Some hearings take place virtually. The actual hearing will proceed very similarly to an in-person appearance, and you will still need to prepare in the same ways. The main difference is that instead of going to court, the hearing will take place over Zoom or a similar platform, which can save time and may feel less intimidating.
Seek Legal Guidance From Viola Law Firm P.C.
How long does a divorce court hearing last? These appearances often take less than an hour, though some may be longer depending on what is to be discussed. Your attorney can guide you through the entire divorce mediation and litigation process while helping you uphold your rights at each step.
Viola Law Firm P.C. represents clients through divorce in San Mateo, CA. Contact us today at 650-643-4212 to request a consultation.
