Do I have to go to court to get divorced?

DO I HAVE TO GO TO COURT TO GET DIVORCED

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No two divorces are the same. There are specific instances that may require both spouses to appear at hearings throughout the divorce process. Often, this is determined by whether a divorce is uncontested or contested.

An uncontested divorce is when both parties agree on the terms of the divorce and enter into a Marital Settlement Agreement. This includes matters such as property division, financial support and any child related issues. For an uncontested divorce to be finalized, the spouse who initiated the divorce (“petitioner”) must appear at the final hearing, which is called “prove-up.” The other spouse is not required to attend if they have signed all the necessary documents. However, it is always best if they do appear.

At the prove-up, the petitioner is required to testify as to the terms of the settlement. The spouse’s lawyer may ask the spouse questions to acknowledge they fully understand the terms of the settlement. If the respondent has an attorney, they will also be present and verify the agreement with the judge. Once the judge is satisfied, they will sign the judgment indicating the divorce has been made final. This hearing usually lasts approximately ten minutes.

Unfortunately, parties are not always able to reach an agreement on all issues. In that case, both parties may need to be present for hearings, and if the parties cannot reach an overall agreement, a final divorce trial will be held in which both spouses must be present. Depending upon the court and the judge assigned to your case, you may need to be in the courthouse or on Zoom. A judge will hear all evidence and arguments and decide on all issues.