During the COVID-19 public health emergency, the Judicial Branch has established a procedure for parties with full written agreements in family court matters to request approval of their agreements without having to come to the courthouse for a hearing. The procedure is available to request the entry of final judgment in any action for custody, visitation between parents, dissolution of marriage, or legal separation, or a final order on any motion in such a case, as long as the parties are in complete agreement and file all necessary documents.
- Both parties must file affidavits swearing to the truth of the matters that they would have testified about in court. If the parties’ affidavits state different versions of the facts, the court may not be able to approve your agreement without scheduling a future hearing when it becomes possible in light of the public health emergency, which you would be required to attend.
- The affidavits must be sworn to before a notary public, attorney, or other officer empowered to take oaths. You should not come to the courthouse to file papers in person or to seek an officer to take your oath, as entry to the courthouses during this public health emergency is restricted.
- Completed and signed documents should be e-filed.
In many cases, there will be other documents that also require your signature under oath, such as financial affidavits. It is suggested that you complete all necessary documents before you make arrangements for notarization so that you may have everything signed and sworn to in one meeting.