Many divorces don’t require partners to stand in front of a judge. Some proceedings can be done quickly and quietly, especially if you and your partner can settle your differences easily. Your current situation, assets, and the reason for divorce can all play into whether you need to go to court for divorce. Working with lawyers can help you avoid going before a judge and dragging out divorce proceedings. Let’s look at ways you can avoid going to court for divorce and when it may be necessary.
Uncontested Divorce
When both spouses agree on major issues and the divorce is wanted by both parties, this is known as an uncontested divorce. If there is no disagreement between parties and you are able to resolve divisions and concerns for custody without severe arguments, you won’t need to appear in court. Reaching a resolution with the help of a mediator or lawyer will allow your divorce to proceed peacefully.
Ways To Avoid Court For Divorce
If you and your spouse are willing to cooperate, there are many different ways you can avoid going to court. Using one of these options below can make your divorce proceedings resolve faster and without emotional turmoil. Avoiding court during a divorce can not only be less emotionally taxing, but can also save you money on lawyer fees and court hearings. Here are a few ways to avoid going to court during your divorce.
Mediation
Involve an unbiased third party to help you facilitate a discussion with your spouse over major issues, assets, custody, and other splits. Mediation will help you resolve disagreements or achieve an equitable division that will typically be discussed in front of a judge.
Collaborative Divorce
When both spouses and their attorneys can meet together and work to negotiate everything, this is known as collaborative divorce. This is one of the best options when filing for divorce because it allows you to avoid going to court, discuss different options in an open forum, and have everything documented and put into place by your lawyers.
Negotiation
If both parties can agree on divisions and major issues without extensive discussion or the need for a mediator, your lawyer can file appropriate paperwork. Filing this paperwork will allow you to avoid unnecessary meetings, harsh legal fees, and stressful court hearings.
When You Have To Attend Divorce Court
Situations can dictate that you appear in court, especially if you and your spouse can’t agree on spousal support, asset division, or child custody. Court hearings may also be necessary if one spouse doesn’t respond to the divorce papers. Both parties need to be involved when filing for divorce, so if a spouse doesn’t sign or respond to a divorce filing, court hearings will be necessary.
If you have serious legal disputes or concerns, these will need to be handled with the help of a judge. Allegations of abuse or high-value assets will need to be discussed with each spouse, their lawyers, and a judge in order for the divorce to meet legal requirements. Because evidence and financial contributions will need to be looked at, going to court is the best way to ensure a fair result for all parties.
How To File For Uncontested Divorce
If you plan to file for divorce and want to do everything you can to avoid going to court, here are the steps you need to take to file for an uncontested divorce.
First, you will need to file a petition for divorce or dissolution of marriage. The other party will need to respond to either agree or contest the divorce, but if you and your partner have discussed this beforehand, you shouldn’t have any issues. After the filing, you can work with lawyers and your spouse to settle debts, agree on custody, and split up property and other assets, without having to go to court.
Some states may have additional requirements that need to be completed before your divorce can be finalized. Look into your state’s legal requirements or ask your lawyer what else you can do to keep the divorce out of the courts.
Get Help With Your Divorce From Our Legal Experts
Kaufman, Nichols, and Kaufman are proud to help Utah locals with divorce, child custody cases, criminal cases, family estates, and much more. Our lawyers have been practicing for many years and have hundreds of cases under their belt. Whether you are looking at an uncontested divorce or a contested divorce, we can help limit the stress you feel while dissolving a marriage. Our team in Ogden, UT, is able to help you navigate the legal system and understand the best way to divide assets with your ex-spouse. Reach out to our team to learn more about how we can help you with divorce today!
