FAQ: What is a “Pro Con”Hearing and When Does It Take Place?
FAQ: What is a “Pro con” hearing and when does it take place?
ANSWER: When your lawyer refers to your “pro con” hearing, he or she typically is referring to the court date at which your divorce will be granted, and your Judgment of Divorce will be entered (or shortly thereafter). A pro con hearing typically takes place shortly after you reach a settlement agreement and have signed the final documents.
“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. In Michigan, a divorce cannot be granted without certain standard testimony being placed on the record. At the pro con hearing, the plaintiff or both parties give their brief testimony (also known as “proofs”) so that the Court can proceed to enter their Judgment of Divorce. The minimum waiting period of sixty (60) after the filing of a complaint or petition for divorce must expire before the proofs or testimony can be placed on the record.
During a pro con hearing, these are examples of the typical questions that will be asked by a party’s attorney or by the Judge:
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 typically is a very quick hearing that frequently is completed in less than 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.
PLEASE NOTE: This blog is not intended to constitute legal, financial or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or professional financial advice in advance. We at Banfield Couling Law and Mediation PLLC are here to help navigate your legal matter at any stage of your divorce.