Can I Avoid the Courtroom in an Uncontested Divorce?

As you may know, there are two types of divorce: contested and uncontested. As the names suggest, an uncontested divorce means that you and your soon-to-be-ex agree on all the terms, which may include child custody, alimony, and division of property. If you agree on all of these, you may be able to avoid the courtroom, although it does depend on your specific circumstances.

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Can I Avoid the Courtroom in an Uncontested Divorce?

In fact, the point of an uncontested divorce is to avoid the courtroom. By agreeing on everything with your partner, you don’t need any litigation to make those decisions for you.

However, keep in mind that divorce is still a legal process. This means that you will need to appear for a hearing, although this hearing should be brief and simple—since you will have already resolved all significant issues with your partner.

Requirements for an Uncontested Divorce

In order to have an uncontested divorce, you do need to meet certain requirements depending on the state where you live. In Florida, both spouses must agree that the marriage is over and have lived in the state for at least six months prior to the divorce.

From here, you need to agree upon the division of property and debts and what type of spousal support there will be, child custody, child support, and any visitation. Both of you will also need to fill out financial and marriage paperwork to be submitted to the court, even if you don’t appear much in front of the court.

Uncontested Divorce

There are two types of uncontested divorce: standard and simplified. The simplified option means that you both want a clean split—there are no children to worry about, and no one is seeking alimony. This is the most efficient option, although it is unavailable for more complex situations.

For example, if you have children, you will need to appear before the court at least once after agreeing upon the terms of childcare through your Marital Settlement Agreement. This should not be an extremely complex hearing, but it is essential nonetheless.

Final Divorce Hearing

In some states, you have a little more freedom in terms of how to reach your settlement agreement with your partner. When you both have an attorney, this process should proceed more smoothly.

Once you have everything in writing, you can go right to the final hearing where everything is made official. Both parties don’t necessarily need to attend this hearing, and you might even be able to send your attorney on your behalf if you have representation.

Hire a Lawyer

You can, in fact, speed up the process of uncontested divorce, even if you do need to appear before the courtroom once or twice. Having a lawyer will do this since we can iron out the details more efficiently in a shorter period.

A divorce is still a divorce, after all, and will require some complex paperwork to ensure that you stay out of the courtroom as much as you possibly can. A lawyer will be able to help you handle all of your finances amicably and file any paperwork you have to submit to the court before your hearings.

This is why there are attorneys who specialize in uncontested divorces. If you want to speed the process up and appear less in court as well, this will be your smartest move.

Conclusion

Yes, you can avoid the courtroom if your divorce is uncontested. It does depend on your personal situation, though. If you have children or don’t have legal representation, you will likely need to appear for at least one hearing. Hiring a lawyer will go a long way to make those hearings and the entire process as smooth as possible.