Rule 28.Granting certain relief without a hearing

Rule 28 was adopted by order of May 2, 2022 and removes the hearing from three kinds of matter.

The uncontested divorce

The court may grant an uncontested divorce based on separation for one year without holding a hearing, including any requested name change — but only if five conditions are met.

First, and it is the gate: the relief sought must be limited to a divorce and any related change of name. If anything else is sought — child support, custody, visitation, alimony, property distribution, or fees for attorneys or guardians ad litem — the divorce may not be granted without a hearing.

Then the proof:

• written testimony in the form of affidavits of the parties and corroborating witnesses, addressing jurisdiction and venue, date of marriage, date of separation, and the impossibility of reconciliation;
• copies of the parties' and witnesses' state-issued photo identifications;
• a decree submitted by an attorney must come with a statement, as an officer of the court, that all counsel approve the decree and that all waiting periods have been satisfied or waived; and
• a party seeking a name change must submit an affidavit addressing the appropriate questions and the name they wish to resume, with the relief included in the proposed order.

Temporary consent orders

Based on the parties' consent, temporary orders — including those on custody, child support, visitation and alimony — may issue without a hearing, in the judge's discretion. The proposed order or agreement must be signed by the parties, counsel, and the guardian ad litem if one has been appointed, and may be submitted without supporting affidavits, financial declarations, or written testimony.

That is the one place in the ruleset where the Rule 20 financial declaration and Rule 21's affidavit machinery are set aside — and it takes everyone's signature to get there.

Procedural consent orders

With the parties' consent, a consent order on discovery, on the appointment of counsel or a guardian ad litem — including their fees or relief — or on any other procedural matter may issue without a hearing, again in the judge's discretion.

The judge's reserved power

Nothing in the rule prevents a judge from requiring additional information or documents before deciding that an order can issue without a hearing, or from holding a hearing where the judge finds one appropriate. Rule 28 permits; it never compels.