According to statistics, about 5% of divorces in the United States are settled in court. In 95% of divorce cases, the parties and their family law attorneys can resolve the dispute amicably or through mediation.
| Type of Divorce | Percentage of Divorces in the United States |
| Divorce without going to court | 95% |
| Usual Divorce | 5% |
There are several options for cheap divorce that can be used without going to court.
If there are grounds and arguments
In this type of divorce, neither party may attend court hearings. The process can be completed without both spouses going to court, provided that the parties comply with all the requirements.
If you wonder do you have to go to court for a divorce, you ought to consult an attorney before filing for a no-court divorce. A specialist can help ensure that all requirements are met and protect your rights throughout the process. An experienced lawyer can:
- provide valuable information and advice on how best to proceed in your situation;
- advise you on what documents you need to finalize your divorce without going to court.
Mediation or divorce by agreement
Since these are not adversarial processes, both methods can be cheaper and faster than traditional litigation. Thanks to them, couples can control their own decisions, rather than leaving everything to the court and letting it decide their fate. For those who are searching for how to get divorce quickly and wish to avoid litigation and maintain friendly relations during the divorce process, these methods can be an alternative dispute resolution option.
Drawing up a separation agreement
A lawyer or mediator can help make sure that each person understands what they are agreeing to in the document. Both parties should make sure that the agreement clearly states their intentions regarding various issues related to their divorce, such as
- division of property;
- payment of debts and obligations;
- division of parental responsibilities, etc.
After the parties sign the agreement, it can be submitted to the court for approval.
After a favorable decision on the divorce agreement, it will become legally binding on both parties. This means that a party who violates any part of the agreement may be held liable for breach of its terms. Therefore, it is important to take special care when drafting a separation agreement. It must comply with all legal requirements and accurately reflect your wishes for the future.
Submitting the necessary documents to the court
This includes filling out forms that describe in detail:
- the financial situation of each party;
- any agreements reached between the two parties regarding the division of assets and debts.
These forms must be signed by both parties to be legally binding. Once these documents are completed and signed by the husband and wife, they can be submitted to the court.
The court will then review them to make sure that all the information is correct and that both parties agree to all aspects of the divorce. If the paperwork is completed correctly, according to the applicable law, the court will issue a formal decree or judgment formally ending the marriage. At this stage, neither party is required to attend any hearings but instead can simply wait for the decree or judgment to become final.
Delivery of divorce documents
When your spouse receives the documents, he or she must sign a receipt or an affidavit confirming that the documents were served to him or her personally. These papers must then be submitted to the court for finalization of the divorce. It is also important to note that if one of the spouses refuses to receive the summons or fails to respond within 30 days of service, further action may be required, such as filing a default judgment.
It is very important that all the necessary steps are taken properly, as any mistake may result in the entire case being declared invalid. Make sure you understand all the laws and rules related to filing for cheap divorce in PA so that your process is successful.
Attend a settlement conference
This will help both parties come up with solutions that are best for them, as they can control the outcome. Additionally, a settlement conference usually takes less time than a trial, so it can save time and money for the spouses and be less emotionally stressful.
While attending this event may seem like a better option when it comes to getting a divorce without going to court, couples need to understand that they will still need an attorney present during the negotiations. This is to ensure that their agreement is legally validated. While this option can give couples more control over decisions, it cannot guarantee a perfect outcome, as both parties must be willing and able to compromise on various issues for a settlement agreement to be successful.
Obtaining a final divorce decree
On online services, couples can fill out the documents themselves without the need to contact lawyers or the court, following the instructions. This option may be an alternative for couples who have agreed on all issues related to the divorce and want to divorce online cheap without going through the lengthy process of a traditional court proceeding.
Some states also offer simplified divorce procedures that allow couples to obtain a final judgment without having to go through a full trial. This option is suitable for couples who have agreed on all issues but are unable to hire an attorney or do not have the time to go through a trial. You can submit your documents directly to the court clerk’s office. If the court approves the divorce, they will receive a final divorce decree quickly and easily, without even entering the courtroom.
Follow all agreements reached
Namely:
- decisions on child custody and support;
- division of property and debts;
- alimony for spousal support.
All agreed terms must be documented and legally approved, for example, in a family settlement agreement. These documents should be signed by both parties and, if necessary, their lawyers. The document should also be filed with the court to make it official.
The most important aspect of the implementation of any agreements reached is that both parties must adhere to them. If one of the parties fails to comply, the other party may file a petition with the court to enforce the agreement. After that, a court hearing will be scheduled, taking into account the arguments of both parties and the judge’s final decision on the settlement of the conflict.