Do I Have To Go to Court for Divorce?

Depending on the situation leading to your divorce, you may be able to avoid court altogether. For example, if you and your spouse agree about the key points at issue, you might not have to attend in-person court proceedings.

However, if you find yourself at odds with your spouse about the divorce, the matter can become considerably more complicated. An attorney can help if you have to go to court for divorce while pursuing all avenues to achieve the most favorable outcome in your case.

Contested vs. Uncontested Divorce

Both contested and uncontested divorces are extremely common. In a contested divorce, the parties disagree about the terms of the divorce. Sometimes, a contested divorce occurs because one party refuses to sign the divorce papers or respond to them at all.

In the case of an uncontested divorce, both parties are generally on the same page about the key terms involved. With an uncontested divorce, the parties may collaborate to determine the final agreement about matters such as child custody, child support, and alimony, then present it to the judge to sign off on. This type of situation would often require minimal, if any, time spent in court, other than perhaps to file paperwork and attend a final hearing.

It may be possible for parties in a contested divorce to reach an agreement outside the courtroom through their attorneys or a method of alternative dispute resolution, such as mediation or arbitration. If the parties in a contested divorce are unable to reach an agreement through these means, the case could proceed to trial. The attorneys for each spouse would present their respective cases and evidence, after which the judge would enter their final judgment of divorce.

A contested divorce can involve considerably more time and financial cost. If one party fails to respond to the divorce paperwork, the divorce can still proceed, but the process would take longer, and the judge may ultimately need to enter a default judgment.

Factors That Can Impact the Need to Go to Court

Numerous factors can impact the likelihood of two parties needing to go to court. If a divorce is filed online or the divorce hearing is waived, as is an option in some states, this can eliminate the need to go to court. The complexity of the divorce case will typically have a significant bearing on whether there is a need to show up to a court hearing.

Just because a divorce is contested does not automatically mean the parties will need to make court appearances, but it can increase the likelihood. Some of the most common disputes that might eventually lead to going to court include disputes over hidden assets, disagreements over child custody, the division of marital assets, and inheritance disputes.

If the spouses settle the divorce, they may not need to go to court at all. Usually, cases that go to court will take longer and be more expensive than ones that do not.

Speak With an Experienced Divorce Lawyer About Your Specific Case

While some divorces are amicable, many are not. Even if you are facing an uncontested divorce, you may still have to appear before a judge at some point in your case.

An experienced divorce attorney can advocate for your rights at every phase of the legal process. A lawyer can provide reliable representation both in and out of the courtroom, manage all pertinent documents and filings, and leverage tailored strategies for your case. Contact Capital Family & Divorce Law Group of Price Benowitz LLP today to speak with a family attorney.