Charlotte Family Law Specialists
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Do I Have to Go to Court to Get a Divorce?

For many, divorce is one of the most difficult legal events they are likely to ever encounter throughout life. It can take an emotional and financial toll, but depending on your circumstances, it will not necessarily have to go to court.

Here are some of the factors that play a large part in deciding whether or not your case will need to go to court in order for you to obtain a divorce:

  • There are contested issues: When spouses disagree on certain issues, the courts can be used to resolve them. Central issues that the courts will address include child custody and support, spousal support, and the division of marital property and assets. If your divorce case ends up in court, a judge will ultimately make decisions regarding these critical issues, so it is possible neither of you will be satisfied with the decisions he or she makes. Additionally, these proceedings have a tendency to get incredibly contentious, requiring evidence and witnesses.

You have other options:

  • Consider alternative divorce resolution: You might not have the best relationship with your soon-to-be ex-spouse, but any agreement you can work out together might suit your needs better than any judge’s decision. Therefore, you should consider your other options. Mediation and collaborative divorce, for example, are alternative methods that allow couples to obtain a divorce without having to go to court. These typically call for a neutral third-party mediator who facilitates civil negotiations between spouses in an attempt to reach a mutually beneficial solution. Both parties can also bring their own divorce attorney to ensure their rights are protected during this process.

These approaches are effective in helping divorcing spouses resolve contested issues in a manner that better addresses their desires as opposed to litigation, which can be a gamble when it comes to the results it can yield. Alternative divorce resolutions are also much less costly since both parties are able to save on court costs and filing fees.

North Carolina Family Law Attorney

If you and your spouse have decided to move forward with a divorce, obtaining skilled and experienced legal representation is crucial at this time. At Krusch Law, PLLC , our North Carolina family law attorney can help you with a wide range of services, including your divorce. Backed by years of experience, you can trust that your case will be in good hands with us.

Contact our North Carolina office today at (704) 343-8811 to schedule a consultation.