Every divorce is different but many people who file for an uncontested divorce do not need to make a court appearance.
When both parties involved in a divorce agree to the divorce and the terms of the settlement without going to trial, it is considered to be “uncontested.” Even when a divorce is officially uncontested, there may have been, or still are arguments and disputes between the spouses- but they are both in agreement to get the divorce. And while one or both parties may not be thrilled with the settlement terms, they are both in agreement (albeit may be begrudgingly) on these as well.
Uncontested divorces tend to be less expensive than contested divorces because they move through the court system faster, and do not usually require a trial and litigation with higher court and lawyer costs.
An uncontested divorce often leads to the former spouses being able to get over the divorce experience and to get on with a newer and brighter lives, quicker than if they had been through a lengthy and oftentimes hostile, litigation process.
Marital Settlement Agreement
A marital settlement agreement spells out the terms of the divorce and includes property division, debt division, alimony, child custody, child visitation schedule, child support, and any other issues that are relevant to the divorce.
A marital agreement is not always required in divorce proceedings but filing one may have advantages for some people. Some of the benefits of having a marital settlement agreement are:
– It puts all of the agreements and terms into writing and thus limits ambiguities.
– It may impress upon the court that major issues were discussed and agreed upon, and
will allow the courts to move the case through the system more quickly than if the court
needed to ensure that both parties are getting a fair settlement.
– If a marital settlement agreement is written correctly and covers all the necessary
material aspects of a divorce, the divorcing spouses may not have to appear in
court at all. If the judge is convinced that both parties are in agreement and are getting a
fair deal in their settlement, the judge may honor the written agreement and not require
either of the parties to make a court appearance.
Marital agreements are typically filed with a divorce’s final judgement but they can be entered at any time before this.
If you and your soon to be ex cannot agree on settlement terms, you may have to proceed with a trial. Depending on the specific circumstances of your trial, you will likely need to be present for at least some parts of the trial but you may not be required to be present at every single phase of the trial. Whether required to be present or not, many people who are going through a divorce trial prefer to be present in the courtroom every step of the way, to be informed and to ensure that the other side is not getting away with anything unfair.
As stated earlier, if the divorce is uncontested and a marital agreement is filed, the divorcing parties may not need to go to court at all.
Staying informed with Divorce Law Office LA may help you to make more informed decisions about your divorce.