Is It Possible to Divorce Without Going to Court in California?

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Whether you are the one to file for divorce or have been recently served with papers from your spouse, many dread the divorce process. There is a misconception that all divorces are arduous, bitter battles that take years in court to resolve. While this is true for some couples, it is not the case for all. As such, understanding if it’s possible to divorce without going to court is critical. If you’re interested in this option, you’ll want to keep reading. You’ll discover the steps involved in this process and why it’s critical to discuss your circumstances with a Los Angeles divorce attorney, even if you and your spouse come to an agreement.

How Can I Divorce Without Going to Court?

Generally, when you file for divorce, it’s important to understand that this process will go one of two ways. Your divorce will either be contested or uncontested. When one spouse files for divorce, they must submit what’s known as a petition. This essentially states the reason for filing and your requests regarding child-related issues and financial matters.

If you and your spouse can agree on all terms and conditions, this is an uncontested divorce because you do not need to dispute any of the matters within the petition. This process is generally much shorter, as you do not have to negotiate with your spouse. There is, however, a mandatory six-month waiting period that couples filing must meet before their divorce can be finalized.

However, if you disagree with any or all of the conditions requested by your spouse in the petition, this is a contested divorce. Though you may not be able to agree, you don’t necessarily have to go to court, as you may be able to work out your differences away from a judge. You and your spouse may be able to negotiate the terms of your divorce on your own or work out these matters through mediation.

Do I Still Need an Attorney for this Process?

Even if you and your spouse file a contested divorce or decide that mediation is in your best interest, it’s imperative to know that you should still connect with an experienced attorney as soon as possible. It’s important to have your divorce agreement reviewed by an attorney who can ensure these matters are in your best interest.

Whether you were surprised to be served papers from your spouse or knew your marriage was ending, it’s imperative to connect with an experienced attorney as soon as possible. At the Zitser Family Law Group, APC, we understand how upsetting it can be to endure this process. That’s why our team will do everything possible to fight for you during these complex matters. Connect with us today to learn how we can help you through these complicated matters.

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