Oftentimes, when a couple considers getting divorced, they weigh the pros
and cons and may wonder if the divorce is worth taking to court. After
all, when a divorce goes to court, it’s often due to troubles within
the agreement or issues that the spouses may have in regards to child
custody, support, alimony, or property division. One of the questions
we tend to get quite often is, “Can I get divorced without going
to court?” While there are certain things that must be accomplished
before this is a possibility, the simple answer is yes. There are ways
that you and your spouse can move forward with the divorce process without
having to worry about going to court.
At Chung & Ignacio, our
Rancho Cucamonga divorce lawyers make it a point to explain the various options to our clients. If you
want to get a divorce without going to court to decide important matters,
you do have options, including mediation and collaborative law. These
make it possible for spouses to get around the contentious matters that
often arise in court. In California, there is also a simple divorce (summary
dissolution), but there are certain requirements you must meet before
you are eligible for this. Our team wants you to know what you can do
to divorce without going to court.
In a collaborative divorce, both spouses hire legal representation to help
them come up with the agreement regarding the many important aspects of
divorce. Oftentimes, the couples come in with a set agreement ready and
they are essentially finalizing the agreement with legal counsel so it
can become legally binding. Collaborative divorce is designed to help
the two parties reach agreements on the normally contentious factors of
divorce without the arguing or tension. If successful, the agreement will
be brought before a judge to sign off on. If unsuccessful, both attorneys
withdraw and the case would go to trial.
The main difference between mediation and collaborative divorce is that
it is necessary for each party to hire a lawyer. While the parties in
collaborative divorce hire attorneys, in mediation, they discuss their
matters with the help of a mediator. This person may be an attorney by
trade, but they cannot provide representation to either party in mediation.
Similarly, you would agree upon the factors involved in a divorce and
a judge will sign the order making it legally binding.
Both of these options allow the parties to get through a divorce quicker
and spend less money on attorney fees, court fees, and experts. Even better,
it allows the two spouses to have control over so many important aspects
such as where there children will live, who gets what, and if support
payments need to be paid. When going to court, these decisions are left
to a judge who may not know your situation quite as well as you do.
If you are looking for a way to get through divorce without going to court,
contact Chung & Ignacio. Our Rancho Cucamonga divorce lawyers have the experience and abilities
necessary to explain your options and help you get through this process
in a manner that is friendly. If the case becomes contentious, we can
take the steps necessary to help you move forward. Our firm is not afraid
to go to trial to protect the best interests of your family if necessary.
However, if you can get through divorce amicably, this is the best option,
especially when considering how the situation can impact any children involved.