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How can a contested divorce scheduled for trial be heard ore tenus?

Discussion in 'Divorce, Separation, Annulment' started by C. Gonzalez, Dec 24, 2018.

  1. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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    Jurisdiction:
    Virginia
    The first sentence of my final decree of divorce (FDD) reads, “This matter came to be heard ore tenus on (date) upon entering an Order Scheduling New Trial on (date).” The Order Scheduling New Trial specifies that discovery is over. This is a contested divorce. How can an ore tenus hearing take place rather than a trial? There was no common ground in relation to the issues of the divorce as no property settlement agreement was done, and there was no agreement on child support or visitation. Mediation or court involvement was not done. Only discussions between my wife’s attorney and myself which did not result in anything other than my wife’s attorney incarcerating me twice for not paying child support although I was unemployed and had an inability to pay. The trial was postponed on at least two occasions while I was incarcerated at the request of my wife’s attorney. When it was finally heard around a year after it was first scheduled, it is heard ore tenus. The proposed FDD was not even provided at the hearing but sent to the judge a month later. I never saw the FDD before it was signed nor did I sign the waiver of notice/proof of service required for ore tenus hearings.
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

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    There is no way anyone here can provide you with meaningful comment about your case. There is obviously a whole lot of things that occurred over the course of your divorce that I don't know. I haven't read the court file with all the pleadings, motions, orders, etc., to see how things developed during the proceedings. Nor have I read the final order that you are referring to. If you don't like the final order, talk to your attorney about what might be done at this point. If you didn't have a lawyer, that might have contributed to the way things turned out, and at this point if you want to have a shot at a different outcome I'd strongly recommend you consult an attorney to see what, if anything, can be done at this point.
     
  3. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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    Thank you Tax Counsel for your input. I have found an attorney to take up my case by posting previous questions on this and other sites. Merry Christmas!
     
  4. Highwayman

    Highwayman Well-Known Member

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    If you're trusting an attorney who trolls legal websites for clients you might be in for a rude awakening.
     
    army judge likes this.
  5. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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    Thank you Highwayman for your input. I haven’t had a rude awakening so far. I’ve received advice, always sought a second opinion then paid cash for representation and have been satisfied with the settlement or outcome so far every time. For example, while Tax Counsel stated that NO ONE could give meaningful comment on my case, so far I’ve received three responses on action that can be taken. Two of those responses simply concentrated on answering my question posed in my thread title which is pretty obvious. My verification process helps me avoid any Harry Mudds. Merry Christmas!
     
  6. army judge

    army judge Super Moderator

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    Might not be a real atorney...

    Might just be a poser...
     
  7. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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    Thank you army judge for your input/concern. Which is where the resources of the Virginia Bar Association come in very handy. I’ve worked for both the state judicial system as well as private practice.

    If I could get as much feedback directly responding to my question as I do discouraging me from using TheLaw.com for finding an answer to this particular legal question, I would’ve had this resolved by now. Merry Christmas!
     
  8. army judge

    army judge Super Moderator

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    Aww shucks, pawdna, twarn't nuffin'
     
  9. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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    Thank goodness I’m not limited to this site for help. But at least TheLaw.com is serving as comic relief during the Christmas break.
     
  10. Highwayman

    Highwayman Well-Known Member

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    You were foolish to not have an attorney represent you from the beginning in a contested divorce.
     
  11. C. Gonzalez

    C. Gonzalez Law Topic Starter New Member

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