You’ve done all the hard work in your divorce or dissolution action. You’ve exchanged any requisite documents and other discovery, made a full and complete disclosure of all your assets, liabilities and income, and completed any requisite court forms. You’ve discussed, negotiated, and reached a resolution on all issues underlying your case, including property division, financial issues and any custody and parenting-related matters. You’ve signed the final documents which set forth these agreements. Now what?
In many jurisdictions in the State of Ohio, after all the I’s have been dotted and the T’s have been crossed in a divorce or dissolution action, the parties (and counsel, when applicable) still have to attend a Final Hearing in order to finalize the matter and terminate the marriage.
So, What happens at the Final Hearing?
In Ohio, a Final Hearing in a divorce or dissolution action is, typically, the last step before a marriage is officially terminated and, for all intents and purposes, the litigation concluded. At the Final Hearing, the parties appear before the Court and are, generally, required to:
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- Present their final, executed agreements to the Court
- Under penalty of perjury, provide some basic testimony to the Court on various background matters and the substance of the agreements at issue.
A Final Hearing lasts approximately 15 minutes or less, and thus, is only a very brief court proceeding. Given the brevity of the proceeding and the administrative nature of the same, many Northeast Ohio Domestic Relations Courts conduct their Final Hearings via Zoom or other remote means for the convenience of all involved.
At a Final Hearing, the Court or the lawyers for the parties will conduct the necessary inquiry of the litigants to elicit the needed, limited testimony. Topics typically addressed during questioning at a Final Hearing include:
- Basic background information about the parties, such as name, date of birth, address, date of the marriage, as well as the names and dates of birth of any minor children born of the marriage, if applicable;
- The applicable grounds for divorce;
- Confirmation that both parties have disclosed to each other all their assets, liabilities and incomes during the pendency of the case;
- The general terms of any financial and property agreement, as well as confirmation that the parties understand the same, are entering into said agreement of their own free will, and believe that said agreement is fair, just and equitable;
- The general terms of any custody and parenting-related agreement, if applicable, as well as confirmation that the parties understand the same, are entering into said agreement of their own free will, and believe that said agreement is in the best interest of their minor child(ren);
- Confirmation that neither party has any questions of the Court or of their counsel, if applicable;
- A request that the marriage be terminated.
Notably, in Ohio, a female litigant in a divorce or dissolution action must also confirm that she is not pregnant at the time of the Final Hearing. This requirement ensures that there are no additional children expected as issue of the marriage that need to be addressed in connection with the termination of the marriage. Finally, a female litigant to a divorce or dissolution action in Ohio also has the opportunity at the Final Hearing to request to be restored to her maiden name, if desired.
Conclusion
Ultimately, any proceeding before a Court can, understandably, feel intimidating. However, parties to a domestic relations case should rest assured that, 9 times out of 10, a Final Hearing is simply the final administrative hurdle to terminate the marriage – and thus, is nothing to lose sleep over
