Will I Have to Go to Divorce Court?

Being thrust into a divorce can be a frustrating and confusing process, especially if you were not expecting the filing or you have reason to contest the claims or requests of your spouse. Having to schedule court date after court date to speak to a judge and settle all the details can only compound the general distaste of the entire situation. For a high net worth divorce, the duration of the divorce process can keep extending for months and months, adding more and more court dates to the schedule.

If you knew that there was a way to avoid going to divorce court, would you take it?

One & Done: Uncontested Divorces

The main reason multiple court dates – and therefore multiple court fees – are required in a divorce is when the two spouses cannot agree on major issues. Sometimes disagreements flare up right inside the courtroom and the judge will close the hearing until a further date. If you want to stay out of court, you will need to start thinking about how to keep your divorce uncontested.

In an uncontested divorce, both spouses are in agreement over the terms and conditions of the divorce upon finalization. If you walk into court that first time with an agreement pre-established, all the judge needs to do is read the case work once over, approve it, and send you off to the clerk. Just like that, you’ve minimized your time in court to one fast hearing. It is highly advised that you use mediation initially to work out the details with no one but yourself, your spouse, and a neutral attorney.

Zero the Hero: An Attorney in Your Stead

Never going to court once for your divorce may be extremely unlikely to pull off, but it isn’t impossible. For uncontested divorces of low estate value, or when there are no children involved, a judge may permit your divorce attorney to come to the court in your place. Sometimes this is the only option, as you may be too ill to leave the house, or away for important business that absolutely cannot be interrupted or delayed, such as active military service. Even though your divorce is seen by the court, you never had to step foot inside!

If you are going through a divorce in the Hudson Valley and want to learn more about how you can avoid going to court for it, the Law Office of Dennis R. Vetrano, Jr., LLC can be your legal guides. Call our Dutchess County divorce attorneys at 845.605.4330 to schedule a free case evaluation.