Going Through Divorce Without Court

It can be a tiresome process to fight out a divorce with your spouse in the court system. It is possible, however, to go through a divorce from your spouse without a long and drawn out court process. A family law attorney, Monroe, NC, can help resolve differences between you and your spouse and help you reach an agreement with your spouse essential matters such as division of property, custody of children, and child and spousal support (alimony). 

Resolving Your Issues

The simplest way to go through a divorce without a court is discussing your issues with your spouse and come to a fair agreement. Some of the most important things to keep in mind include child support and custody, alimony, property and debt division. It is a good idea to work with a lawyer in reaching an agreement to make sure that the agreement is in your best interest.  

Mediation

If you and your spouse fail to agree, you may try to work with a neutral third party known as a mediator. The third-party will meet with you and your spouse to try and help address your issues. They can give you some perspective of how courts handle specific cases. Divorce mediators are experienced in divorce matters. They can help guide you to a reasonable settlement of all issues arising out of your marriage. Even if you end up going to court, you will likely deal with mediation at some point in your divorce case.

Collaborative Divorce

In a collaborative divorce, there are no mediators. Instead, you and your spouse would enter into a collaborative law agreement.  There are usually four-way sessions and the parties, along with their attorneys, attempt to come up with an agreement. Usually, a collaborative law agreement prohibits your attorneys from representing you in court should an agreement not be reached.  It is an excellent option for those who are not comfortable with the idea of going through a divorce in a court of law.

Arbitration

This is a good option for couples who do not think they can reach an agreement on their own. Parties and their attorneys select the arbitrator. The arbitrator presides over the matter and decides the issues at hand. The arbitrator is like a private judge for couples that do not wish to go to court. 

The rules of evidence are more flexible than in courts and you have a say over the dates of all your divorce hearings. In general, however, you cannot appeal an arbitrator’s decision. 

Must You Appear in Court?

Unfortunately, you or your attorney must involve the court at some point, even if you and your spouse settle the major issues of your divorce out of court. You have to file your divorce complaint in court to obtain a final judgment of divorce. The court will then label your case as ‘uncontested.’ You may only need to appear in court for a few minutes or an attorney can appear on your behalf

If you want to avoid going to court in your divorce case, you need a family law attorney in Monroe, NC to help you reach an agreement with your spouse. Look no further than Perry, Bundy, Plyler & Long, LLP. We are proud to have a team of dedicated, professional and experienced advocates in family law. We have served Union County for over 40 years. Whether you are a resident of the immediate area or you live far away, we can give you the legal help you need to end your marriage without acrimony.

We provide every client with personalized, professional, and high-quality services. Contact us today and set up a confidential, no-obligation consultation. 

 

Go to Scholarship

As many of you are probably aware, the Governor has issued a stay at home order beginning today at 5 pm. As an essential business, we will remain open to serve our clients. During this time, many people will face legal challenges and be in need of services regarding issues such as divorce and child custody, estate planning, business law and real estate matters. We are here to help. In order to follow social distancing protocols, we are offering phone and video conferences and innovative solutions to sign your essential documents in a safe manner. We are all going through a difficult time and things are rapidly changing, but Perry, Bundy, Plyler & Long remains here for you.