Do I Have to Go to Court for a Divorce?
If you and your spouse have decided to move forward with a divorce, you may be wondering whether you have to go to court for a divorce. Not necessarily.
If you and your spouse can come to an agreement regarding property, division of assets, and shared parenting responsibilities, you won’t necessarily need to go before a judge to get a divorce.
Divorce: Contested or Uncontested?
An uncontested divorce means both spouses agree on the division of their assets, their shared parenting plan, and any other issues, such as spousal support payments. It’s possible to handle most of your divorce filings outside of court.
A contested divorce occurs when the spouses do not agree on one or more of these issues. A response to the petition for divorce will need to be filed by the contesting spouse. At that point, one or both spouses can request a hearing before a judge.
Even in a contested divorce, it’s still possible to resolve your disputes outside of court. Mediation is when an impartial third party sits down with both spouses so disagreements can be resolved.
Mediation is a great option for settling disputes. A family attorney can also help you reach an agreement through negotiation.
A California Divorce Attorney Can Help
Still wondering whether you will have to go to court for your divorce? Just remember that, with the right legal help, it’s possible to turn even the most contested divorce into an uncontested one. Spouses are often able to reach a divorce agreement outside of court, and this can be beneficial for both parties.