Divorced With No Court
Is there any way to get Divorced without going to Court?
Parties have may have multiple opportunities to negotiate the terms of their divorce. Many times, once the parties have exchanged discovery documents, each party may have sufficient information to submit a proposed offer of settlement to the other party. If the parties cannot reach a settlement informally, either party can request mediation, where a neutral third party mediator can help to facilitate an agreement between the parties. Many cases have settled completely through the use of mediation. If an agreement is reached in mediation, a Final Decree of Divorce can be drafted pursuant to the terms of the Mediated Settlement Agreement.
If the parties fail to reach an agreement in mediation, the case will have to be set for trial. Many times, the risk the parties run when having a judge make decisions regarding your divorce can force the parties to negotiate an agreement the morning of trial. If the parties do not reach an agreement the morning of trial, the final trial will proceed.
Even if the parties are able to reach agreement before having a final trial, once the Final Decree of Divorce has been drafted, at least one spouse must make an appearance in front of a judge to give short testimony, under oath, regarding the terms of the Final Decree of Divorce. If the Court finds that the terms of the Final Decree of Divorce are in order, the Court will grant the Divorce and sign the Decree, thereby finalizing the process.
This article is intended for general information only and is not intended to constitute legal advice. The information and materials you obtain on this website are not applicable to any specific individual, situation, or set of facts. Our San Antonio divorce attorneys are prepared to assist you with your case. Please call us for a free initial consult.