Do all divorces go to court?

One aspect of divorce that seems both inevitable and daunting for many people is that they may have to go to court. Going to court can seem very intimidating for some; especially having to deal with such a personal matter in such a public way. It’s hard to think about the concept that a judge, a person who knows nothing about you, controls so much of your future.

Often times, clients will go to their attorney and ask whether they need to actually be present at the courthouse to obtain a divorce. The short answer in many situations is yes, especially if you are the plaintiff filing the complaint for divorce. You would need to make an appearance, and put certain facts before the court, so that the judge can make a finding that a divorce is warranted. Some courts these days are allowing people to do an appearance by papers, by submitting an affidavit. However, generally, you would need to have an agreement already signed by both yourself and your spouse. If your case is not completely settled, you will have to go to court to litigate your divorce.

If you have questions about the logistics surrounding your divorce case, it is important that you speak with an experienced attorney who can provide you with assistance in this matter.

Ross and Calandrillo, LLC is a full-service divorce and family law firm in Mountainside, New Jersey. For strong legal representation in all of your family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.