How Will I Know If Divorce Will Require Court?
A common concern for individuals who are moving to end a marriage is whether their divorce will require court proceedings. While not all divorces end up in a courtroom, there are factors that influence whether a divorce will need to be resolved through litigation or if alternative methods are appropriate forms of resolution.
Meet with a Bucks County family attorney to explore the key factors that will determine whether your divorce will require court involvement. And if court is not required, a legal professional can also listen closely to your post-divorce objectives and let you know what alternatives are available for you in Bucks County.
Disputes and the Possibility of Cooperation
If there are complex and contentious issues between you and your spouse, these issues will play a significant role in whether your divorce will end up in court. When there is a path to agreeing on essential divorce terms such as property division, child custody, spousal support, and other related issues, pursuing an uncontested divorce is typically the route married couples take to dissolve a marriage. This is true because divorce without court is a smoother and faster process.
Effective communication and cooperation can be extremely helpful and reduce the need for court involvement. If you and your ex-partner are willing to work together to reach agreements and find common ground, alternatives like mediation or collaborative divorce can be discussed. These methods emphasize open dialogue and compromise, leading to a resolution outside of the courtroom, and the individuals involved will have more control over what the final divorce agreement looks like.
Custody Matters and Property Division
Child custody and visitation arrangement discussions can be incredibly sensitive. For some, they are the most emotionally charged aspects of divorce. It is important to understand that courts prioritize the best interests of the child when determining custody arrangements, so negotiating your own custody terms means you and your soon-to-be-ex will need to develop a plan that follows what is best for kids in order for your agreement to be approved later. A legal professional can guide you through creating custody terms.
Additionally, property division can be a contentious issue during the divorce process. If there are substantial assets, complex financial holdings, or disagreements about how property should be divided, court involvement could be an option. That said, there is often a way to ensure an equitable distribution agreement through court alternatives.
Bucks County offers alternatives such as collaborative divorce, mediation, and arbitration. For instance, a collaborative divorce means you and your spouse commit to resolving issues, and both parties work together with their respective attorneys to reach a settlement through negotiation and cooperation. Talk to a Bucks County family attorney about how alternative resolution options can help you avoid the stress and expense of litigation.
Could you use an attorney’s guidance on different divorce alternative resolution options? To learn more about if court will help you achieve your goals or if going to court will be an unnecessary divorce expense, talk to the legal team at Kardos, Rickles & Hand. Call 215-968-6602.