Thursday, July 30, 2015

Positive Change in Irreconcilable Differences Divorces


 The 16th Judicial District recently released an Administrative Order regarding final hearings in Irreconcilable Differences with minor children divorces. Previously, only parties to Irreconcilable Differences divorces with no minor children could waive their right to a final hearing and request a divorce through an affidavit to the Court. However, this new administrative order has extended that waiver to parties to Irreconcilable Differences divorces with minor children.

  The goal of this new order is to eliminate unjustifiable expense and delay by waiving the requirement of a Court hearing. The following conditions must be satisfied in order to waive an Irreconcilable Differences divorce with minor children hearing:

  1. The attorney or pro se litigant shall file the following documents with the Court Clerk's office, along with the required filing fee:
    • the Complaint
    • the executed Marital Dissolution Agreement;
    • the executed Permanent Parenting Plan
    • the Child Support Worksheet
    • Certificates demonstrating both parties' completion of the parenting class
    • Affidavits of both parties containing the divorce information
    • the proposed Final Decree of Divorce
  2. Upon receipt of all documents, and after the expiration of the mandated 90-day waiting period, the Court Clerk shall forward the file to the Divorce Coordinator for review.
  3. If the Divorce Coordinator is satisfied with the Parenting Plan, Child Support Worksheet and parenting class certificates, she shall forward the file to the Judge or Chancellor, who may then sign the documents or require a Court hearing. 
  4. Either party may still request that a Court hearing be held in any divorce case.
  5. Court hearings shall be required in all cases where a deviation from the Child Support Guidelines is requested.
  At Brandon Law Group, we sincerely believe this new effort on the behalf of the 16th Judicial District will better allow both parties to move forward. If you have any questions on this new Order, please contact us at (615) 890-2399.

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