Who sets the first hearing date in a divorce case, the lawyer/petitioner or the court?
What I can make out from your facts that you both seek divorce by mutual consent where a joint petition for divorce is filled by both parties in the Family Court. The date on which the petition is filled usually the same date or the next day the matter is taken up for hearing by the court and both parties are supposed to be present in person to make a joint statement on oath with regard to the initiation of the divorce proceedings by mutual consent. This joint statement is signed by both and even their thumb impression taken on it. This also referred as first motion. The Family Court than fix a date after six months for second motion when once again both the parties have to be present and record a similar joint statement in oath with regard to their consent for divorce, sign it and put their thumb impression on it. The Family judge at this stage ask questions from both on issues such as children custody, permanent alimony or maintenance, division of the jointly owned properties if any
