Will I Have to Go to Court for My Divorce?

Will I Have to Go to Court for My Divorce?

Most couples that file an uncontested divorce do not have to attend any formal hearings or trials. Instead, they file paperwork with their lawyer and then wait to hear back.

In a contested divorce, however, the norm is that you will have to go to court. This does not have to be the case should there be successful mediation which leads to agreement between the parties. However, usually a contested divorce case mandates a temporary hearing at the very minimum. This hearing is to decide on the state of affairs throughout the divorce process and is not final. There could be several temporary hearings (although there is usually only one) in addition to regular trials for the case.

Furthermore, during the discovery period, you may be required to attend a deposition, which is a questioning under oath attended by both parties. Simply put, the amount of time you spend in court will be proportional to the level of disagreement and specific to your case.

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