If I want to file for a divorce but I don't want to go before a judge, what should I do? 11 Answers as of August 07, 2013
I want to file but we live in a small town and know everyone. I want to file but I don't want to go before a judge. Can it be granted without both of us being present?
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Law Offices of Frances Headley
| Frances Headley
You would never have to appear only if you and your husband agree to everything and you have the appropriate documents prepared and filed.
Answer Applies to: California
Law Office of Robert E McCall
| Robert McCall
In Florida the rules only require one party to physically appear, some judges have different rules and may require both if available. You may also appear by phone and some judges allow appearances by Skype.
Answer Applies to: Florida
Diane l. Berger
| Diane L. Berger
There is a procedure where you and your spouse have to sign what is called a Waiver of Hearing in the presence of a Notary Public and of course comply with all of the additional requirements. That would allow the Decree to be signed by a Judge without your presence.
Answer Applies to: Nebraska
Peters Law, PLLC
| Mark T. Peters, Sr.
Probably, but only if both parties stipulate to all of the details. If your spouse fights, then you can't do it. I suggest talking with an attorney to make sure you understand all of the ramifications of the divorce.
Answer Applies to: Idaho
T.D. Stevens & Associates PLLC
| TD Stevens
Some counties allow only one party to appear in court if the case is uncontested. You need to contact the court to confirm their policy.
Answer Applies to: Texas
Peggy M. Raddatz
| Peggy M. Raddatz
The one who files is called The Petitioner and must go before the judge. So see if the spouse will file.
Answer Applies to: Illinois
| John Russo
No, you sound like my mother, who is 95 now. I grew up hearing all the time "don't tell anyone your business" like we were important, and our business as she called it needed to be keep silent for national security reasons. Trust me people most likely know or think they know everything about you anyway. Unless you know one of the Judges well enough to allow you to proceed in chambers it is not happening. And by the way, after you are divorced your file is public record, that means anyone can go and look at it at the clerks office.
Answer Applies to: Rhode Island
Law Offices of Arlene D. Kock
| Arlene D. Kock
Assuming your local court rules permit non appearance in front of the judge and the parties have a complete written agreement to submit for a judgment, this should be permissible.
Answer Applies to: California
| Victor Varga
No, but you can request to have testimony taken by a court examiner, who is a lawyer appointed by the court. You would simply do the testimony in the lawyer's office, with just you and 1 witness.
Answer Applies to: Maryland
Catchick Law, PC
| Matt Catchick
If your soon-to-be ex files the Complaint for Divorce as the Plaintiff, and if you amicably resolve all the issues of the case, it is possible for you to avoid going before the Judge, but your spouse will have to, in order to present "proofs" to the Court to facilitate entry of a final Judgment of Divorce.
Answer Applies to: Michigan
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