Do I Always have to go to Court for a Divorce?

No, you do not always have to go to court if you are going through a divorce.  A court appearance in most jurisdictions is not necessary if you do not have any "issues". 

What are "issues"? 

Issues from a legal standpoint involve children and/or property.  Custody, visitation and support of children are some of the issues.  Other issues are spousal support and division of property.  If these issues are not resolved by way of a Marital Settlement Agreement or a Stipulated Judgment, then the couple will need to go to court and the judge will decide on how to address these issues.  A Marital Settlement Agreement is an agreement as to how the issues of the marriage will be handled in the divorce.  This document is very detailed and must be signed and notarized by both spouses.  This is usually done when the respondent does not respond to the divorce petition.  A Stipulated Judgment is usually done when the respondent responds and then both parties decide to agree on how to resolve all issues.  This document needs to be signed by both parties.

Legal Action Workshop can help you with your divorce and child custody cases. Contact us today.