FAQ: What is a “Pro Con” Hearing?
FAQ: So, what is a “Pro con” hearing anyway?
ANSWER: When your lawyer refers to your “pro con” hearing, he or she is referring to the court date at which your final divorce testimony will be placed on the record and your Judgment of Divorce typically will be granted.
Pro con is short for pro confesso, a Latin term which means “as though confessed.” In a divorce case, once a complete agreement has been reached a pro confesso or “pro con” hearing is scheduled. At that hearing, testimony (also known as “proofs”) must be placed on the record before the Judge can grant the divorce. The minimum waiting period of sixty (60) must have expired before the proofs or testimony can be placed on the record. (Longer waiting periods may apply if divorce involves minor children.)
During a pro con hearing, some examples of the main questions which will be asked by a party’s attorney or by the Judge are as follows:
Can you please state your name for the record?
Did you file a Complaint for Divorce (or Petition to enter a Consent Judgment)? Were the allegations in that Complaint/Petition true then? And are they still true now?
At the time your complaint/petition was filed, was it true that you had resided in the State of Michigan for at least 180 days and Livingston County for at least 10 days?
One of those allegations is that there has been a breakdown in the marriage relationship to the extent that the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be preserved. Was this true when you signed the Complaint? Does it remain true today?
Are you (or is your spouse) pregnant?
(If children) In the proposed Judgment, you have an arrangement regarding custody, parenting time, child support and other matters relating to the child(ren), correct? And do you believe those arrangements are in the best interest of the child(ren)?
That proposed Judgment was presented to the Court, have you reviewed it? Are you agreeable to the terms of the Judgment? Did you sign the Judgment? Did you recognize your spouse's signature on the Judgment?
You understand that you are waiving your right to a trial in this matter and by signing the Judgment of Divorce you are stating that you are satisfied with the provisions of the Judgment of Divorce?
Overall, a pro con hearing is usually a very quick hearing which typically is completed in less than five to ten minutes. After the often-stressful process of completing a divorce settlement, the pro con hearing is a predictable and relatively simple court proceeding at which your divorce typically is finalized (or, if your divorce will not be finalized on the date of the pro con hearing, your testimony is taken so the judgment can be granted when the proper court orders are submitted).
PLEASE NOTE: This blog is not intended to constitute legal advice. We do not recommend making important decisions of the type addressed in this article without specific legal advice in advance.