For many, going through a divorce is often an incredibly overwhelming time, as there are a considerable number of matters you’ll need to factor in. However, this process can be even more stressful when you think about being involved in a long and tedious court battle with your spouse. As such, you may wonder if it’s possible to get a divorce without going to court. If this reflects your circumstances, you’ll want to keep reading to learn more about your options and the importance of discussing your situation with St. Louis County divorce lawyers.
Will I Have to Go to Court for My Divorce?
While movies and television shows often depict divorce as bitter battles between spouses who only communicate through their attorneys, this is not always true. While this may be the norm for some couples, many couples are able to avoid court through an uncontested divorce.
When one party, whether it be you or your spouse, files for divorce, they assume the title of petitioner. As part of the divorce petition, you must include the relief you are seeking, which typically relates to matters like alimony, child support, or property division. Once served, the responding spouse will submit their answer to the petition. If they agree to the terms and conditions, it will be considered an uncontested divorce. However, if they cannot reach an agreement, the divorce can be contested.
Typically, contested divorces are often heard in front of a judge, as the couple cannot agree on the outcome of their divorce. As such, the court will then consider the matters at hand before issuing a decision on the matter. While some uncontested divorces can be finalized as quickly as 30 days from the date on which they’re filed, most are finalized within three months. However, an uncontested divorce can often take at least a year, leading many to attempt to reach an agreement to avoid a prolonged legal process.
How Can My Spouse and I Reach an Agreement?
If you and your spouse disagree on some matters related to your divorce but do not want to go through the court, one option you may wish to try is mediation. This is a process in which you will meet with an unbiased third party who will help you reach a compromise. Mediation is confidential, which can help protect sensitive matters that may otherwise come out in court. You should note that the mediator cannot provide legal advice to either party, nor can they take sides in the matter. They are simply there to facilitate conversations.
When going through a divorce, understanding your legal options is critical. At Stobie Family Law Group, our team understands how overwhelming these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome during your divorce. Contact us today to learn how we can assist you.
