C. Gonzalez
New Member
- 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.