If you are wondering, does divorce have to go to court? The short answer is no. According to divorce lawyers, you only go the court when you can’t agree with your ex on several fundamental things.
For example, when you can’t agree with the divorce proceedings and decide to defend the divorce. When the court issues a divorce petition, the person receiving it is asked whether they want to defend the proceedings. If they decide to defend, all parties have to attend a hearing in court.
Another time you can find yourself in court is if you can’t agree on who settles the legal costs. When you can’t reach an agreement, you have to visit the court for the judge to help you make a decision.
You will also go to court if you can’t agree on child custody, property division, spousal support payment, or any other crucial aspect of divorce.
When you solve things out of court, you are said to have had an uncontested divorce.
Why should you choose an uncontested divorce?
You complete your divorce within a short time.
You must have heard about divorces that drag in court for even years. This is not only costly, but also highly emotional. Also, you can’t be productive as you are constantly worrying about your divorce.
An uncontested divorce is usually less emotional as it doesn’t take a lot of your time.
The divorce is cheaper.
As mentioned above, you save a lot of money when you opt to settle things out of court. Part of the reason the process is cheaper is because you don’t retain a lawyer for a long time. You also don’t need to take regular trips to court.
You retain privacy
When you go the court route, it means that you air your dirty linens in public. Even if you have a few people in the courtroom as the case goes on, there are still a few strangers who shouldn’t know about your family matters.
When you solve the case out of court, you have no one listening to your deep family secrets.
Solving the case out of court also means that you retain control of the process. This is because you can talk to your spouse and lawyer and easily agree on when to meet. This isn’t the case when you have a court case where the court sets everything. The court sets the court date, and you have to attend the court proceedings regardless of your other commitments.
How do you have an uncontested divorce?
Be on talking terms with your spouse.
You don’t have to be on good terms, you need to be on talking terms. This way, you can agree on what goes where. For example, if it’s child support, you can quickly decide on the right amount and who has custody without involving an attorney.
You also easily set dates to meet with your lawyer when you are in good talking terms. The last thing you want is to block the lines of communication and communicate through lawyers, as this will be cumbersome and expensive.
Understand the assets and debts acquired before your marriage
Most divorces involve the division of assets, so you need to know what each partner brought into the marriage. Your family lawyers Fairfax VA can help with this, but if you have a lot of property, involve the services of an expert accountant.
One of the major mistakes people make is trying to hide their assets. Don’t do this, as it can be too costly when your former spouse realizes it.
