Legalese is not the same as Latin. If you want to spot some legalese, dig out your paperwork from your last automobile purchase; it is no doubt brimming with “parties of the first part” and such. Latin is often a shorthand in the law, as with an Ore Tenus hearing. It sounds like a cheer shouted at Wimbledon, but it isn’t.

Whereas the typical uncontested divorce in Virginia is handled by affidavit, an ore tenus hearing is an uncontested divorce hearing required by some jurisdictions.

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What is an ore tenus hearing for?

The Latin phrase Ore Tenus means “by mouth.” It refers to oral arguments heard in court, as with an uncontested Virginia divorce. The uncontested divorce signals the Virginia judge and court that proceedings can move swiftly, with only oral arguments from both parties.

That is not to say an Ore Tenus hearing is a casual gabfest. The judge must hear evidence that the divorce really is uncontested, you and your spouse are in complete agreement, and that nobody has been coerced into something against their will.

Does an ore tenus hearing mean avoiding paperwork?

The suggestion that an Ore Tenus hearing is just a bunch of folks standing around talking may give you the impression that no paperwork is involved. This is Virginia and the legal system! Of course there’s paperwork involved!

Take a look at all the 20-pound copy paper needed by Fairfax County, for example:

  1. The original proposed Final Decree of Divorce
  2. The name change order to resume a maiden name, if applicable — This is a two-birds/one-stone timesaver offered by the courts
  3. A copy of any Property Settlement Agreement, if applicable, with the original to be shown in court at the Ore Tenus hearing
  4. A private addendum containing the parties’ Social Security numbers
  5. The VS-4 form, completed legibly in black ink — you just know there’s a story behind them sticking “legibly” in the instructions for the State Statistical Form
  6. A Waiver of Notice/Proof of Service

Keep in mind, too, you also have to start this paperwork avalanche by completing a “Request for Ore Tenus Hearing.” So that’s as many as seven different things to keep straight just to ask for a hearing that only involves oral arguments.

Questions asked at ore tenus hearings

Uncontested divorces in Virginia are usually handled by affidavit, meaning no court appearance is needed. An Ore Tenus hearing can be requested by either party so that a judge hears the evidence, ensures all the Code of Virginia divorce statutes are upheld, and the divorce can be granted. Some jurisdictions in Virginia require an Ore Tenus hearing.

The hearing includes questions asked by the judge:

  1. What is your full legal name and current address?
  2. To whom are you married?
  3. When and where were you two married?
  4. Are both of you over 18 years of age?
  5. When you filed for divorce and for the six months preceding the filing, were both of you legal residents of Virginia, and domiciled in Virginia? (remember, residency and domiciliary are not the same) 
  6. Have either you or your spouse been held in a jail, prison, or mental health facility at any time from the date of filing for divorce?
  7. Are both of you mentally sound and competent to understand these proceedings?
  8. If either of you have been a member of the U.S. armed forces, was the serving member stationed or billeted in Virginia for at least six months before filing for divorce?
  9. Did the service member complete an answer to, or a waiver of, the rights enumerated in the Servicemembers Civil Relief Act?
  10. Have the two of you separated from each other, and if so, on what date?
  11. On the date you separated from one another, did at least one of you intend for that separation to be permanent (lead to divorce)?
  12. If your initial separation was not with the intent of permanent separation, on what date did a change in that intention become known?
  13. From that initial date of separation, have you two lived separate and apart, without cohabitation, without interruption, and continuously?
  14. Have you any children from this marriage, either born or adopted? Names and ages, please, if you have.
  15. At this time, do you both affirm that the wife is not pregnant from this marriage?
  16. Do either of you request restoration of a former (maiden) name? And what is that name? (that’s the timesaver we mentioned above)
  17. Do you have a written, signed, Property Settlement Agreement? (the court can affirm, ratify, and include the Agreement in the final divorce decree, another timesaver)
  18. Do both of you want this court to grant the divorce, based on the (no-fault) grounds of living separate and apart for six months (if you have no children) or in excess of a year (if you have children)?

Sure, it’s a grilling, but an Ore Tenus hearing can be an expeditious way to wrap up a divorce with the help of your family law attorney. Though pro se divorce is theoretically possible, you have already seen the paperwork nightmare involved in getting a hearing for oral arguments. Don’t go it alone — get a lawyer!

Will the judge ask questions not on the provided list?

The judge’s approach to questioning during a divorce hearing can vary depending on their individual style and preferences. Some judges are known to be particularly challenging and may ask questions pertaining to your legal separation, such as inquiring about your living arrangements and division of household responsibilities. It is crucial to be prepared to address queries about where you slept, how household tasks were divided, and other related matters. It is important to bear in mind that during your testimony, you will be under oath, and as such, providing truthful answers is imperative, as perjury carries serious consequences. Living separately under the same roof is likely to invite closer scrutiny, so it is advisable to anticipate possible inquiries and have well-thought-out responses in advance.

Do I need a corroborating witness?

As of July 1, 2021, the state of Virginia underwent a significant change regarding the corroborating witness requirement. The previous stipulation, which mandated that both a party (plaintiff or defendant) and a corroborating witness must testify, was eliminated. This modification being implemented brought forth exciting news as it greatly simplified the legal process. After July 1, 2021, only the testimony of the party involved is necessary to satisfy the statutory requirements. Thus, the requirement for a corroborating witness is no longer mandatory in Virginia’s legal proceedings.

The Firm For Men is committed to providing the very best legal service to Virginia’s men. Contact us today or telephone us at (757) 383-9184 to get all your knottiest — or easiest — legal questions answered.