Some people may hesitate to seek a divorce because they fear being in front of a judge in the courtroom. While going to court is always possible, there are no assurances that this will happen in your case. It is entirely possible to get divorced without a full litigation process. There is a chance that you may never even see the inside of a courtroom. When you hire an experienced divorce lawyer, you can reduce the chances that you will have a trial.
Divorce is a legal process that will automatically involve the court to an extent. The amount of time you would need to spend in court for your divorce depends on the circumstances of your case. You can avoid a lengthy trial if you can resolve your issues through negotiation or mediation. Even still, a judge would need to formalize the divorce and approve the settlement before they issue the court order.
Issues That Need to Be Resolved in a Divorce
After the two spouses begin the divorce process, they exchange financial information. They may try to negotiate the terms of their divorce, preferably through their attorneys. They may exchange proposals and counterproposals to reach an agreement on the following issues:
- Physical custody of the children
- Legal custody of the children
- How children are to be raised
- Property division
- Which spouse can remain in the family home
- Spousal support
Divorce Negotiations Can Lead to an Agreement Without a Court
The spouses often do not begin the divorce negotiations on the same page. They could require months of negotiations to narrow the differences in their positions.
If negotiations are complex, the spouses may even need to enlist the help of a mediator. They would continue to negotiate with the help of a trained professional whose job it is to help them talk. The mediator would attempt to find areas where the two parties can agree before they help branch out to more difficult topics. Mediation has a high success rate when the spouses come prepared to compromise and act reasonably.
Getting divorced from the court is possible, meaning your case will not go to trial. Actual divorce trials are scarce. Only a small percentage of cases will end up at a hearing. Even if the case begins in the litigation process, it is often settled before it can go before a judge.
Every Divorce Must Be Finalized in Court
You would still need to go through some type of legal process before your divorce can be finalized. One spouse would still need to legally file for divorce. One spouse may file for divorce on no-fault grounds, such as irreconcilable differences. The signed settlement agreement would be presented to the judge as part of the divorce filing. The judge would review the paperwork and the terms of the divorce. For example, a judge could take issue with an agreement where the amount of child support is too low since this is a right that belongs to the children. The settlement agreement terms would become part of the court order that grants the divorce.
The spouses could resolve as many issues as possible through negotiation. In some cases, the spouses may agree on most issues, but they may reach an impasse. They may have no issues with the property division but cannot reach a custody agreement. Then, the judge would decide the issues in dispute. There must be a resolution on every matter before the court can finalize and grant the divorce.
Contact Our Metuchen Divorce lawyers at Wiley Lavender Maknoor, PC
Our Metuchen divorce lawyers at Wiley Lavender Maknoor, PC can assist you by devising a legal strategy and negotiating on your behalf. Our job is to protect your legal interests in a divorce. You can schedule a free consultation by calling us today at 732-494-6099 or contacting us online. We are located in Metuchen, New Jersey, and we serve clients in Middlesex County, Monmouth County, Union County, and Somerset County.