Do you have to go to court to get a divorce? 28 Answers as of June 09, 2011

Is there any way to get a divorce without having to appear in court?

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Deal & Hooks, LLC
Deal & Hooks, LLC | Shawn P. Hooks
Your spouse can file paperwork and the court can treat it as an uncontested divorce if you do not file any paperwork or appear in court. That being said the decree and orders will be what your spouse asks for, and you will have no ability to contest that which could be detrimental. Otherwise, you will need to appear either for a hearing on the dissolution or for a final hearing on the divorce. It may be possible for a lawyer to do as much for you while minimizing your time spent in court.
Answer Applies to: Ohio
Replied: 6/9/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Sure. Settle! Settlements of cases don't require court appearances.
Answer Applies to: California
Replied: 6/8/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Some judges will allow a "mail in" divorce, if all the necessary paperwork is properly filed. However, most judges require an in person appearance for entry of the final judgment of dissolution, and only a judge can enter a divorce judgment.
Answer Applies to: Florida
Replied: 6/8/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
In Oregon, the answer is sometimes. If uncontested, then no appearance is required. If contested and if the parties can agree, then no appearance is required. If contested and no agreement, then a trial or hearing will be required.
Answer Applies to: Oregon
Replied: 6/8/2011
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
If you and your spouse are in agreement as to the terms of the division of property, child custody and support, etc., you can file a joint petition for dissolution. The dissolution process itself takes at least 90 days, but then one of you must go to court to represent that the information filed is correct and that it is the intention of the parties to end the marriage, and to receive the signed dissolution order from the court.
Answer Applies to: Washington
Replied: 6/8/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    Yes, in Washington as far as an in-person appearance goes, but there are pros and cons to it. If you're a Western Washington resident, feel free to contact my office for a free, no obligation consultation regarding your situation.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, but you need a good reason and it only works if both parties are in agreement. If you have an agreed divorce, (you and your spouse agree to the terms property division, debts, custody and support of the kids, etc.) then the only court appearance is for the final prove-up. Only one person has to appear to give the proving testimony. This testimony may be submitted in the form of a Deposition on Written Questions, but the Court can refuse the DWQ and request live testimony. Which is why I say you can divorce without going to court if you have a reason.
    Answer Applies to: Texas
    Replied: 6/8/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes,if it is an uncontested divorce, you can obtain it without having to go to Court since everything is submitted by written Affidavits. Good luck.
    Answer Applies to: New York
    Replied: 6/8/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington While there is no trial if the two of you can come to agreement, whether you can avoid appearing in court for the final entry of the agreed orders depends on the county. In King County There is a declaration form you can file giving the required final testimony so you do not have to appear unless there are children.
    Answer Applies to: Washington
    Replied: 6/8/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Depends on facts. If you and your spouse can agree to everything and there are no children involved, it is possible for the court to approve your written agreement without a hearing. If you have an agreement and there are children, the court must hold a brief court hearing to approve the agreement unless both parties have an attorney.
    Answer Applies to: Colorado
    Replied: 6/8/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Yes. A divorce by agreement does not require an in court appearance. We do them all the time. Stay well.
    Answer Applies to: Alabama
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the parties have reached an agreement on all issues, executed a valid Marital termination Agreement and do not have any children, the divorce may be finalized administratively without an appearance. If the parties are unable to reach an agreement, a trial is necessary. If they have children, an appearance is also required.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    At least one of the parties has to be present. The other should provide all the necessary paperwork to make the divorce happen by an agreement.
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, we handle many uncontested divorces in our state where no one goes to court. See a divorce lawyer in your community to discuss your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    In New York, the parties can get divorced without having to appear in court. This can be done if they settle the divorce (what is referred to as an uncontested divorce). Then, the attorney for one of the parties will simply file the papers with the clerk of the Court to get the divorce. Another situation is where the parties agree to mediation of the divorce, and reach a settlement in mediation. Similarly, the attorney will then be able to file the papers with the clerk without the spouses having to appear in Court.
    Answer Applies to: New York
    Replied: 6/8/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You have to appear in court to effect a divorce. If you were (God forbid) in the hospital and dying, either you would still have to come to the court by video conference or the court would have to come to you. Please discuss this issue with a local domestic relations counsel.
    Answer Applies to: Ohio
    Replied: 6/8/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Several counties do not require you to appear to finalize your divorce.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Generally, at least one of the parties will have to appear in court.
    Answer Applies to: Florida
    Replied: 6/8/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, some counties do not require an actual appearance. You can finalize by affidavit.
    Answer Applies to: Washington
    Replied: 6/8/2011
    Law Office of Caryn Jones, LLC
    Law Office of Caryn Jones, LLC | Caryn C. Jones
    It is possible to get divorced without "appearing" in court, assuming you mean actually showing up in a courthouse before a judge. One way would be if you and your spouse agree on ALL issues and the divorce is uncontested.
    Answer Applies to: Oregon
    Replied: 6/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes. Many divorcing couples never see the inside of a courtroom. If you can reach agreements with your spouse on all issues, then there is no need to submit any matter before a judge. You will still need to go to the court clerk's office to file paperwork (assuming you don't hire someone to do that for you). But, as said, if there are no disputes, you will never need to see a judge. If you need help reaching agreements with your spouse, you can go to private mediation. If you have more questions about mediation in Northern California, please feel free to contact my office.
    Answer Applies to: California
    Replied: 6/7/2011
    Doi/Luke, Attorneys at Law, LLLC
    Doi/Luke, Attorneys at Law, LLLC | Gavin K. Doi
    In Hawaii as in many states, people do *not* have to appear in court if they have an *uncontested* divorce that is, a divorce in which the spouses have agreed to the divorce and all issues.
    Answer Applies to: Hawaii
    Replied: 6/7/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Yes, after the 2002 Vaile case, the rules were amended to allow submission of divorce papers, in most cases, "on the papers," without a physical appearance.
    Answer Applies to: Nevada
    Replied: 6/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. Many cases resolve without the need to appear in court. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/7/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In general, in Georgia, you do have to appear at least for an uncontested divorce hearing even if the case is settled from the beginning. Sometimes judges will allow a judgment on the pleadings, which does not require a court appearance, but that is the exception, not the rule.
    Answer Applies to: Georgia
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Yes and no. The answer depends on the local court and judges. Some courts but not all waive hearings if the case is uncontested. Some only waive hearings if you have counsel. If you are in a divorce, get a lawyer. That will minimize your time in Court.
    Answer Applies to: Georgia
    Replied: 6/7/2011
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