Motion For Final Hearing Without Decree Nisi

State:
Indiana
Control #:
IN-813D
Format:
PDF
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Description

A Motion for Final Hearing is filed in order to inform the court that 60 days have passed since filing of the petition. In addition, it seeks to request that the court set the matter for final hearing as soon as possible.

Motion for Final Hearing Without Decree Nisei: A Detailed Description In legal proceedings, a Motion for Final Hearing Without Decree Nisei refers to a formal request made by one party to the court, seeking a final resolution or judgment in a case without the requirement of obtaining a decree Nisei. This motion is usually filed when all necessary evidence has been presented, and the parties involved in the case believe that a final decision can be made without any further delay or interim orders. The purpose of a Motion for Final Hearing Without Decree Nisei is to expedite the legal process by skipping the usual waiting period between the decree Nisei and the final decree, which is typically granted after a certain period of time has elapsed since the decree Nisei. This motion saves time and allows the parties to obtain a quick resolution without having to wait for the waiting period to conclude. Different Types of Motion for Final Hearing Without Decree Nisei: 1. Expedited Motion for Final Hearing: This type of motion is filed in cases where there is a pressing need for a prompt resolution. It is commonly used in urgent matters such as family law cases involving child custody disputes, domestic violence issues, or cases where the financial well-being of one or both parties is at stake. 2. Stipulated Motion for Final Hearing: This motion is filed when both parties mutually agree to skip the waiting period and proceed directly to a final hearing. It is often seen in civil cases where the parties have reached a settlement agreement and wish to conclude the case promptly without any further delay. 3. Motion for Final Hearing Based on Merits: This type of motion is filed when the party believes they have presented sufficient evidence and arguments to support their claims, and there is no requirement for additional proceedings or disclosure. It is typically used in cases where the evidence presented is robust, clear, and comprehensive, leaving no room for further examination or witness testimony. 4. Joint Motion for Final Hearing without Decree Nisei: This motion is filed when both parties to a lawsuit agree that all relevant issues have been fully addressed, and there is no need for the waiting period before obtaining the final decree. It is often used in divorce cases where the spouses have already settled all outstanding matters, including child custody, property division, and spousal support. In conclusion, a Motion for Final Hearing Without Decree Nisei is a legal request to bypass the waiting period traditionally required between the decree Nisei and final decree. Various types of motion exist, including expedited motions, stipulated motions, motions based on merits, and joint motions. By filing this motion, parties can expedite the legal process and obtain a final resolution without unnecessary delays.

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FAQ

Divorces that began after 6th April 2022 will instead deal with a conditional order, which replaces the decree nisi, but they serve similar purposes. You must first achieve a decree nisi or conditional order to arrive at the next step for divorce.

Yes, that's right, if you ignore your Decree Nisi for more than 12 months then chances are you're going to need to start the process, and pay the court's fees, again. What, though, would happen if you simply decided, following you having received your Decree Nisi, that you no longer wanted a divorce?

The Decree Nisi is a legal document confirming that the court is satisfied that the divorce should be granted in principle- this is the half way stage of the divorce process and is only an interim order. The Decree Absolute is the legal document that finally ends the marriage.

In that situation, if there is no decree absolute or final order in the divorce, the surviving spouse will be entitled to all of the benefits that accrue to their status as a widow/widower. In many cases this can be very substantial, and sometimes far more than may have been available to the deceased in life.

More info

18 St John Street Barrister, Family Finance Specialist Stephen Murray discusses 'Financial Remedies: Final Hearing: No Decree NISI'. A petitioner is then entitled to apply for Decree Absolute, to finalise the divorce, after that six week period has expired.Mr K petitioned for divorce and applied for ancillary relief. At the final hearing, he acted in person whereas the wife was legally represented. Summary Disposition Request - required if you do not want a hearing. This asks the judge to approve of the Decree without a hearing. Final divorce​​ You can't remarry until the nisi period is complete. A "1A" divorce isn't final until 120 days from the date of the judgment. Appeals shall be taken only from the decrees nisi and not from the final decrees, and shall be taken within three months from the filing of the decrees nisi. Affidavit of your full agreement included in divorce decree.

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Motion For Final Hearing Without Decree Nisi