Divorce can be a difficult process for both parties involved. When it comes to ending your union, there are basically two ways to go about things, either contested or uncontested. A contested divorce is one with lots of quarrels when you can’t agree on how things should be done. On the other hand, in an uncontested divorce, you will be able to come up with a settlement agreement with the specifics of how you are going to go about things. Read on to find out whether you need to go to court for your divorce.
You Will Eventually Need to See a Judge
Whether you are dealing with a contested or uncontested divorce, you will still need to see a judge who deals with family law at some point. If it’s an uncontested divorce, after all the proceedings are done, and you have come up with a settlement, you must then take it to a judge. The judge will ask both parties questions, like whether or not everyone fully understands the terms of the agreement. They will also ask if both of you chose to sign the agreement voluntarily. After that has been ascertained, the judge will then approve the agreement unless the agreement appears to be fundamentally unfair to one party.
If One of the Parties Defends the Divorce
If one of you doesn’t agree with the divorce, it’s advisable to engage the courts if you want a divorce. Once you have filed a petition, the court will issue a summons which will be received by the respondent. The petition asks the respondent whether they intend to contest the divorce. If the respondent files a defense, the court will then invite both parties for a case management hearing. If both parties still fail to come to an agreement, the courts will then list the matter for a final hearing.
If You Can’t Agree on Legal Courts
This is another reason why you might want to let the courts handle things. If you can not agree on who will pay legal costs, you should take the matter to court. Family law attorneys can try to assist clients and help them reach an agreement, but this is not always possible. The matter can then be decided by a judge. They will request both parties to attend a Decree Nisi hearing where this matter will be solved. The judge can also request that both parties write letters setting out their respective positions.
Apart from the above-mentioned issues, another reason why you might need to take your divorce to court is if you can’t agree on custody issues. The majority of these cases are decided by the courts, with only 29% being solved without third-party involvement.
If your divorce is complicated, it’s better to have a judge oversee things for you. Fortunately, family law proceedings are heard in private. This means that there will be no jury, and there will be no spectators as well. It will just be you, your spouse, attorneys, and sometimes kids.
