Can I get a divorce without going to trial?
It is possible to get a divorce without going to trial. Consider, however, divorces have four main issues which must be resolved prior to their completion. Issues include division of community and/or marital property, division of debt, custody of any children, and payment of child and/or spousal support.
Agreeing on major divorce issues to avoid trial
If you and your spouse can agree on the major divorce issues your divorce will be considered an uncontested divorce and you will be able to complete your divorce without having a trial. The good news is an uncontested divorce can be completed much more quickly and cost much less than a highly contentious divorce case.
What if you and your spouse cannot agree on all the major divorce issues but you both would like to avoid a trial? There are new alternative conflict resolution strategies which can be used. For instance, even if you and your spouse cannot resolve issues on your own you can utilize arbitration and mediation, with or without attorney representation. Mediation and arbitration allows a third party mediator to provide suggestions for resolving contested issues. The good news, in many cases, is if you try mediation or arbitration and cannot reach an agreement you may still be able to seek a trial to resolve contested issues.
What if you and your spouse have too much hostility to use any type of conflict resolution strategies? It may be time to talk to a divorce lawyer. Divorce law is complicated and can vary by state. If you are planning on litigation, legal counsel is necessary.
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Before moving a child out of state the custodial parent will have to go to court.