Will I Have to Go to Divorce Court?
Whether or not you will have to go to court to resolve your divorce depends entirely on your unique situation. A common myth is that if spouses disagree on certain aspects of their divorce, they will automatically have to appear before a judge who will decide the outcome. Even when you and your spouse disagree on the terms, you may not have to resolve your divorce in court.
Below are some popular alternatives to divorce court:
- Mediation - You and your spouse can meet in a series of mediation sessions with an impartial third party (the mediator). You and your spouse can and should come to these sessions with your divorce attorneys. Mediators, unlike judges, cannot make decisions. They only help facilitate the terms of the divorce.
- Collaborative Law - You and your spouse can agree to use collaborative law to settle your divorce outside of court. A lawyer experienced in collaborative divorce can represent you in this type of case. Usually, you will sign an agreement that states you will not go to court unless you cannot reach a settlement.
Before deciding on either of these methods, it is important that consult with a skilled divorce attorney. A member of the legal team at Chung & Ignacio, LLP can review your current situation and help guide you to the most appropriate choice that will both expedite the process and ensure your best interests are met.