Whether you’ve known your marriage was ending for a while or you were just served with divorce papers, one of the main concerns for those getting a divorce is the court battle that will ensue. However, it’s critical to note that you don’t have to go through a long, bitter court battle in order to file and end your marriage. If you’re interested in learning more, the following blog explores what you should know about getting a divorce without going to court and why it’s imperative to connect with a Monroe, Louisiana divorce lawyer who can help you through these complex emotional matters.
Is It Possible to Divorce Without Going to Court?
In Louisiana, there are two primary forms of divorce – contested and uncontested. A contested divorce occurs when one spouse is served with divorce papers and disagrees with the terms and conditions the other party included in the petition when they filed. The recipient spouse will then file a response in which they dispute the terms listed by their spouse. If they cannot reach an agreement on any or all matters during their divorce, they will be required to appear before a judge who will determine the outcome of these matters.
However, if a couple can agree on all terms and conditions of their divorce, this is an uncontested matter. For example, if the served spouse believed the terms and conditions of the divorce as requested by the filer are fair, they can file a response agreeing. This is an uncontested divorce, as both parties are in agreement on these matters. Generally, these divorces take the shortest amount of time as there is no need to appear in court.
How Can My Spouse and I File an Uncontested Divorce?
If you and your spouse are interested in filing an uncontested divorce, understanding how to do so is critical. Generally, the first option is to work together to determine the details of the divorce before filing. If your marriage is ending amicably or you both are intent on avoiding court, this is an ideal option as it can help speed this process along.
However, if you cannot reach an agreement, you may need to rely on mediation to help. Though this may take longer than working together independently, you will still avoid going to court. This is where you and your spouse will meet with a third-party individual who will help you reach a compromise through conversation. At the end of mediation, you and your spouse will sign an agreement, which will then be approved by a judge and become a part of your official divorce decree.
If you and your spouse are interested in divorcing without going to court, it’s in your best interest to connect with an experienced attorney regardless. Divorce can be complex, and having legal representation can help you navigate these matters to help you reach a positive outcome. At Breithaupt, DuBos, & Wolleson, we understand how complicated these matters can be, which is why we are dedicated to helping you. Contact us today to schedule your free consultation with a member of our staff.
