FAQ: What is a Pro Con Hearing?
FAQ: What Is a “Pro con” Hearing?
By Denise D. Couling, JD and Andrea M. Banfield, JD
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 the pro con hearing, certain 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 for the divorce to be granted typically 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:
1. Can you please state your name for the record?
2. Did you file a Complaint for Divorce (or a “Petition to enter a Consent Judgment of Divorce)? Were the allegations in that Complaint/Petition true then? And are they still true now?
3. 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 in the county in which your case was filed for at least 10 days?
4. 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?
5. Are you (or is your spouse) pregnant?
6. If the divorce involves minor children: In the proposed Judgment, you have arrangements 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)?
7. Spousal support: Typically, your attorney will ask you specific questions about the terms of the parties’ spousal support agreement (if any) or the agreement to waive spousal support.
8. Name Change: If a party’s name will be changed, the attorney typically will address the change of name.
9. That proposed Judgment was presented to the Court, have you reviewed it? Are you agreeable to the terms of the Judgment? Did you both sign the Judgment?
10. 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 relatively quick proceeding (which typically is completed in ten to fifteen minutes). However, in most courts, there may be a wait time for multiple hearings scheduled within the same timeframe – so our office recommends reserving 90 minutes to 2 hours for this hearing, since only the court – and not the attorney – controls the order in which the cases on its docket will be heard.
After the often-stressful process of completing a divorce settlement, the pro con hearing typically is a predictable and straightforward court proceeding at which your divorce is finalized. (In the instances in which a divorce will not be finalized on the date of the pro con hearing, your testimony may be taken so the judgment can be granted when the proper court orders are submitted -- so it remains a time-saving way to avoid a subsequent court date).
We thank our former associate, Jamie O’Brien, for her original contributions to the article.
PLEASE NOTE: This article is not intended to constitute legal, financial and/or tax advice. We do not recommend making important decisions of the type addressed in this article without specific legal or tax advice by your own licensed accountant or lawyer.