Do We Have to Go to Court to Get Divorced in California?

If you and your spouse are able to resolve your differences and work out an agreement that addresses all issues related to your divorce, then you may be able to get divorced without even going to court. Reaching an agreement outside of court can be beneficial in many ways. It is likely to be much less expensive than paying an attorney to represent you through a contested divorce trial, as well as save you a great deal of emotional stress. Plus, creating your own agreement will allow you and your spouse to do what is best for your family, rather than having a judge make decisions for you without really knowing your situation.

If you and your spouse are unable to work out an agreement on your own, you have some options that may help you reach a settlement outside of court. First, you could engage in mediation, which is a form of alternative dispute resolution that can help people resolve divorces or other types of legal disputes. The parties can sit down with a neutral third party mediator and, with or without their own attorneys, try to work out all legal issues related to their divorce. If the couple is able to reach an agreement, they can then submit it in writing to the divorce court. The judge is then likely to approve the parties’ agreement and put the agreement into a court order.

Another option to resolve your divorce outside of court may be to engage in the collaborative divorce process. In a collaborative divorce, both parties are represented by specially trained California collaborative divorce lawyers, who assist the parties in reaching a mutually acceptable divorce settlement. The parties sign a contract agreeing that they will not go to court. However, if the parties cannot reach a settlement, the collaborative lawyers must withdraw and the parties either must proceed on their own or hire different divorce attorneys. In any case, collaborative divorce may be another means of avoiding going to court for your divorce.

The California divorce attorneys at the Law Offices of Vincent W. Davis & Associates are knowledgeable about all aspects of a California divorce. We know how to advance our clients’ positions and work toward a satisfactory resolution. Contact us by filling out our online form or call us at 1-888-888-6582 to schedule a consultation with one of our experienced Los Angeles divorce lawyers today.