If you and your spouse plan on getting divorced, you may wonder if it’s possible to do so without going to court. After all, this process can be stressful and emotional enough without worrying about arguing with your spouse in a court of law. Whether you want this process to go as quickly as possible or you want to avoid the publicity a court battle can invite, it is possible to evade spending time in a courtroom. Keep reading to discover how you and your spouse can divorce without going to court with the assistance of a Somerset County divorce attorney.
How Can I Divorce Without Going to Court?
If you want to avoid a lengthy court battle when divorcing your spouse, your best option is to file an uncontested divorce. Generally, this means you and your spouse agree to the terms of your divorce, so the state does not have to step in to issue a ruling on things like child custody, alimony, and property division.
Many couples who want to avoid a court battle will choose to negotiate the terms of their divorce with each other. This is ideal for couples who are on amicable terms. You and your spouse can discuss who will receive which assets, how debts will be paid out, and whether or not spousal support is necessary. If each spouse is represented by an attorney, this is called a collaborative divorce. This operates similarly to negotiation with the added factor of legal representation.
If you and your spouse are not speaking or cannot come to an agreement on your own, you may opt for divorce mediation. This is when you will sit down with a neutral third party, known as the mediator, who will facilitate conversation between you and your spouse to help each party feel heard when compromising.
If I Opt for an Uncontested Divorce, Do I Still Need a Lawyer?
If you and your spouse want to avoid a court battle, it’s still in your best interest to enlist the assistance of an experienced attorney to help you through this complex time. Unfortunately, you may find that without an attorney to advocate for you, you may not receive the most favorable terms because you are unfamiliar with the law and what you deserve.
As such, enlisting the assistance of an attorney when divorcing your spouse allows you the best opportunity of receiving favorable benefits while avoiding a contentious court battle.
Once you and your spouse have agreed to terms, your respective attorneys will review the documents to ensure all terms are met and legally binding. Once they inspect the agreement, they can file this with the court, which will issue a final judgment.
At the Siragusa Law Firm, we understand how complex going through a divorce can be. Not only can we help ensure the terms of your divorce are fair and just, but we will also review the agreement to make sure the document is legally binding. Contact us today to learn how we can help you through this complicated process during a consultation with a member of our firm.
