Can I get a divorce without going to court?

While it is fairly safe to say that anyone who starts the divorce process looks forward to completing it. It is also safe to say that no one looks forward to the divorce process itself. Part of the negativity stems from the anxiety of going to court. Having your private life publicly litigated can be traumatic for anyone.

We have good news: you can divorce without going to court! How? Remain amicable with your soon-to-be former spouse and come to an agreement regarding all issues. This may sound like a unicorn to some, but it is actually possible and happens frequently. In fact, sources consistently find that the vast majority of divorces end in settlement, not trial. 

Divorce without going to court = compromise

If this sounds appealing, consider these points to help come to a resolution: write a list of each issue to resolve (you can use the one below) and what you would like as the outcome. Find what is most important to you and compromise on the other issues. Consider ranking your priorities. For example, if you would love to keep your retirement, offer your savings account, car, or another asset in order to keep what you value most.

If direct communication is difficult, find a good mediator and/or attorney to help you effectively convey your message to the other person. Sometimes, it is hard to really see the value in an offer when it comes from someone you have emotional ties to. When a neutral mediator or an attorney relays what the offer is, it is easier to be practical about dividing assets or agreeing to terms.

Here is a list of some issues that may need a resolution in your case:

  • Division of the marital home
  • Division of personal property (furniture, collections)
  • Division of vehicles
  • Child custody
  • Child support
  • Pets
  • Spousal support
  • Attorney fee contributions
  • Retirement accounts
  • Bank accounts
  • Credit card debt
  • Personal loans

Even the best efforts may not lead to a global settlement. However, if you can agree even on only one issue, that still decreases the amount of time you would spend in court litigating that single issue. We would love to support you if you would like help navigating this process. Contact Burgos Santoyo Smith and let us know you hope for a divorce without litigation.

*DISCLAIMER: The contents of this article do not constitute legal advice but should be construed for general informational purposes only.

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