While many divorces include bitter fights and hostile court dates, it is possible to avoid going to court. Uncontested divorces are generally resolved without intervention from a court. To learn more about how you can file for an uncontested divorce, contact a Springfield divorce & family law attorney today.
Why Do Divorcing Couples Go to Court?
A divorcing couple would be required to appear in court if they were in disagreement over an important topic of divorce. There are generally four things that must be discussed before a divorce can be finalized,
- Division of property
- Alimony
- Child custody
- Child support
While there may be other decisions that need to be made, these are the main issues that must be agreed upon. Spouses must agree on which party will receive ownership of which assets and liabilities, whether or not one spouse will pay alimony to the other and how much, a child custody schedule, and which spouse will pay child custody and how much. If the two do not agree on every issue the case will go to court and a judge will decide.
Many people wish to avoid court as it is costly to pay for the court space as well as retain your attorney while you wait for an available date. It can take months for a spot to open up and you may be stuck waiting during that time.
How Can I Get a Divorce Without Going to Court?
You can avoid going to court during your divorce by filing for an uncontested divorce. An uncontested divorce means that the spouses both agree on what grounds they will file for divorce and have settled on the issues listed above. If they are both in agreement there is no need for court intervention.
If possible couples should avoid going to court. Not only does it save time and money to negotiate these agreements outside of the court, but it also allows them to maintain their privacy. Court records are public information so if you end up in litigation the private details of your split may become publicly available.
What Alternative Routes Should I Consider?
There are alternative dispute resolution methods that can be implemented during a divorce to allow couples to avoid going to court. Consider opting for mediation sessions. This is a popular technique in divorcing couples and some states even require at least one mediation session before the case can proceed to court.
In mediation, the only people with authority over final decisions are the couple themselves. They meet with a third-party mediator who is trained in conflict resolution. The mediator’s job is simply to help the couple navigate the negotiation process. The individuals can discuss their desires and create unique solutions customized to their family’s needs.
Contact a Divorce Lawyer Today
If you want to learn more about how you can avoid going to court, reach out to a skilled lawyer today. Your attorney can help you understand your legal options and rights, as well as advocate for you during mediation, arbitration, or court.
