If you and your spouse are going through a divorce, you may wonder if it’s necessary to appear in court. For many, this is an overwhelming aspect of an already stressful process, so understanding if you can file for divorce without going to court is critical. If this reflects your circumstances, the following blog explores what you should know about these matters, including the importance of working with a Nassau County divorce lawyer to help guide you through these emotional times.
Is It Possible to Get a Divorce Without Appearing in Court?
Generally, when you and your spouse file for divorce, the person who initiates the filing is known as the petitioner, while the other spouse is the respondent. This is because after filing the divorce petition with the court, the petition must be served on the other spouse. Once served, they must issue a formal response to the terms and conditions sought by the petitioner.
In most instances, these terms and conditions, also referred to as relief, will regard matters like alimony, child custody, and child support. If you and your spouse can reach an agreement on all matters before filing the divorce petition, or your spouse agrees with the conditions you’ve created on your own, this is referred to as an uncontested divorce, as there are no matters disputed between the parties. An uncontested divorce is ideal for many, as it can be finalized in as little as six weeks and often does not require a court appearance.
However, if they do not agree with one or more of the terms and conditions you’ve included in the divorce petition, the divorce will be considered contested. If you cannot reach an agreement with your spouse, the matter will go before a judge, who will then determine an outcome for the case based on the information they have. For many, a contested divorce is a much longer and costlier process. Additionally, it can be nerve-wracking to appear in court before a judge.
How Can My Spouse and I Reach an Agreement?
If you and your spouse cannot agree on the outcome of your divorce but still want to avoid appearing in court, one option you may wish to consider is mediation. This is a form of alternative dispute resolution in which you and your spouse will meet with an unbiased third party who will serve as the mediator. Their role is to facilitate conversations and compromise between you and your spouse. You should note that they cannot offer legal advice to either party, nor can they choose sides in the matter.
Mediation has additional benefits, such as helping keep certain matters of your divorce private. Unlike a courtroom, what is shared during mediation is confidential, which can help keep these sensitive matters private. Also, mediation allows you and your spouse more control over the outcome of your divorce as opposed to a judge who is briefly familiarized with your case before issuing an decision.
As you can see, there are different options you can pursue if you wish to avoid going to court during your divorce. Regardless of which option you pursue, it’s imperative to connect with an experienced attorney at Barrows Levy PLLC to assist you through these difficult times. Our team understands how overwhelming the divorce process can be, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
