Divorce is a complex process that involves social, emotional, financial, and many other aspects of two people and two families. So, there are chances of things getting worse and ugly while performing this long-drawn-out process.
And, today, most of the people don’t want to take their personal matters to court and discuss their private matters in front of judges. Therefore, the most common question we get at the Family lawyer Dublin is, is it possible to get divorce without going to court?
So, if you are also looking to get your divorce done outside the court, this guide can help you out. Here, you will find can you get a divorce without going to court, with other necessary information. So, without any further ado, let’s get into this guide.
What is Divorce Without Court?
Getting a divorce without court implies exactly what it sounds like. It’s much more a private process that is conducted more peacefully between the husband and wife. There are different alternatives to getting a divorce.
This is why it is recommended to hire a divorce lawyer Dublin to get proper advice and guidance, which will ultimately help you make the best decision.
The decision you make in consultation with your lawyer may be the best decision for your family in the long run from the decision a conflict-focused attorney will make for you.
Can You Get A Divorce Without Going To Court?
So, can you get a divorce without going to court?
The straightforward answer is YES; you can get a divorce without going to court. If you want you can settle their issues on their own, or you can use any one method of Alternative Dispute Resolution, which is also known as ADR.
However, to settle things outside the court, you just need to file a divorce petition to the court to dissolve your marriage legally. Basically, the person who files the complaint based the divorce on no-fault grounds.
In this case, there is no need for a court appearance; just submit the necessary documents and forms, which you will find on the website of the court.
If everything goes in order, the judge will give approval to the settlement and then issue a final ruling on your divorce. If you are asked to appear in court after completing your initial divorce filing process, you can notify the court clerk that your case has been settled.
The court will then note your divorce case as “uncontested” and give you a court date. In this case, you will need to appear before a judge for a few minutes, where you will confirm the reasoning of your divorce and answer the question regarding the divorce agreement.
How To Divorce Without Going To Court?
When you get a divorce without going to court, it allows you to go through a low conflict, private, and low-cost process, which is a bit different from ordinary cases. Typically, there are 4 options to choose from while considering getting a divorce avoiding court.
So, here are the 4 different options that will help you to get the divorce done outside the court.
1. Marital Settlement Agreement or DIY Agreement
If you and your spouse share a good term and have a good understanding, then both of you can make a list of your marital problems and try to solve each of them on your own. It will be better if you can do a bit of research in advance so that you can learn more about the issues you need to talk about.
This way, both of you can avoid missing out on any point. Usually, divorce issues include the following matters-
- Property and debt division
- Spousal support or alimony
- Financial support
- Child(ren) custody
- Child(ren) support. etc
When both you and your spouse reach an agreement on all the issues related to your divorce, you will need a divorce lawyer to create a property settlement agreement. This settlement agreement usually contains all the important clauses in addition to the terms you came across.
Note: You and your spouse cannot use the same lawyer, so your own lawyers will have to look at each other’s agreement.
2. Collaborative Divorce
The objective of collaborative divorce is similar to the mediation process, but the structure of both these processes is different. Collaborative divorce is a process that is actually based on a “team” concept, which helps you and your partner resolve your differences with the support of a collaborating team.
It doesn’t involve any 3rd party or mediator; instead, both the husband and wife will have their own attorney. And the entire team includes collaboratively trained attorneys, mental health professionals, financial professionals, property appraisers, accountants, child psychologists, and more.
The entire collaborative team signs a participation agreement with a commitment to keep the whole matter out of court. The main approach of this entire team is to focus on helping both parties work together now and in the near future. This divorce process also prioritizes children’s needs and maintains respect during negotiations.
Attorneys who practice cooperative law are uniquely trained in this area. And to ensure that they can keep their focus on a settlement, many state laws do not allow them to represent the spouses again if negotiations fail.
However, to come to an agreement, each participant of a divorce case has to work as a “team.” Also, all the professionals participating in the process must be impartial and agreed to by each spouse.
Divorce mediation is a process where you and your spouse are assisted by a trained mediator (usually a family lawyer or therapist) to work out all your disagreements. Through this mediation, you can craft an agreement that will work well for you and your family.
Actually, the main goal of mediation is to reach a resolution and have the terms which you include in the written agreement. Husband and wife will present the mediator with all their documents such as tax return and details ahead of time.
Whenever you want to come to a settlement, you need to speak to the mediator. The purpose of entering into a written agreement is to reduce the terms of the settlement.
The mediation process is typically much less drastic, and also less expensive than a contested divorce. Discussions in this process are somewhat casual and usually take place in the office of the mediator.
Although the couple may have their attorney with them, it does not require much, and this will add to the cost-efficiency of the mediation process. In fact, having an attorney in a meeting can sometimes be ineffective, especially if the attorney is aggressive. In this case, the mediator has to pay, but the costs will be divided.
Note: People who are more satisfied with an attorney representing them in the settlement process are more likely to choose a collaborative divorce instead of mediation.
But you need to keep one thing in mind; if you fail to come to an agreement, you need to start the legal divorce process with new and different attorneys. This means significant additional costs will be added since the new attorneys need to be familiar with the case from the very beginning.
4. Divorce Arbitration
Divorce arbitration is usually used by couples who feel they cannot resolve their disputes and come to a settlement but need someone who can determine their problems outside the court.
The goal of the arbitrator is to determine the matter and to issue a decision, almost as a judge does after a trial. There are some benefits to arbitration instead of court proceedings, such as here you and your spouse can decide on your arbitrator. Whereas in court, you can’t choose your own judge.
In addition, you may choose to simplify the general rules of evidence, such as agreeing to allow a witness to make a sworn written statement instead of appearing in court. Also, you can work as a team to determine the date, time, and duration of your arbitration discussions.
These are some extravagances that you will not find in court. Rather a court process for a contested divorce can last for more than a year, and you have to spend a few hours each time just waiting to see a judge.
Note: Divorce arbitration may not be offered in every state. If you want to settle your divorce in this way, first, you need to talk to your local attorney to determine if this has been practiced in your state.
You also need to keep in mind that the decision in this approach is irrevocable and final. If you find any irrationality in the arbitrator’s role, you will no longer be able to appeal again. Where in court cases, you can appeal in most cases. In this case, in addition to paying the lawyers, you also have to pay the arbitrator, which can be costly, especially if your case is more complex.
5. Settlement Negotiations
In this settlement negotiation process, you and your spouse don’t need to communicate directly with each other. Here, your respective attorneys discuss the terms of your divorce agreement. People mostly consider this approach when they are unable to communicate with their spouse effectively or if there is a power imbalance between the parties.
Is Divorcing Outside Of Court Always An Option
Simply put, no, it’s not. You can only get a divorce if both husband and wife mutually agree on all the terms and are able to come to an agreement. But, if there are disputes, disagreements among the spouse, and they are not on good terms and also have no chances for any conversation to solve them, the couple must go to court to file the divorce.
So, at the end of this guide, we hope you get the answer for can you get a divorce without going to court?
Remember, if you and your spouse can settle everything outside the court mutually, you may get a quick uncontested divorce based on the ground of mutual consent. It’s essential for both parties to reach a mutual agreement to resolve the divorce without going to court.
Do you need any other suggestions? If yes, then feel free to contact us. Or, you can share your thoughts or queries here in the comment section below.