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Do I Have to Go to Court to Get Divorced?


Divorce is among the most difficult legal events married couples can face in their lives. When you get a divorce, you will face emotional, financial, and legal losses. Divorce, like your marriage, is a legal proceeding that will require filing necessary documents with the court. But this doesn’t automatically mean that you’ll need to go to court to get a divorce.

All marriages are unique, which means that your divorce will likewise be specific to your situation. There are, however, some factors that might help you decide whether going to court to get a divorce is the right step for you.

Do You Have Contested Divorce Issues?

The court is for resolving legal disputes, so if you and your spouse can’t agree on your divorce issues, you will need to go to court to resolve them. Depending on your specific circumstances, you could have children, extensive property, or a spouse that has not been working for some time.

That means that you may have no choice but to resolve your issues in court if you have to sort out your property division, child support and custody, or alimony terms. Divorce proceedings can be immensely contentious, so it’s best to work with a San Antonio divorce attorney to understand all your legal rights and options.

If you’re dealing with an uncontested divorce and don’t have kids or significant assets with your spouse, you may be able to file all your divorce paperwork and finalize your divorce without going to court. But you should still discuss your case with a lawyer to ensure that you are filing the right paperwork and that your spouse is not taking advantage of you.

Do You Have an Amicable Relationship With Your Spouse?

If you and your spouse agree on all your divorce issues, the court may sign off on your divorce agreement as long as it is fair to all the parties involved. You could also consider using alternative dispute resolution (ADR) to resolve your issues with your spouse. You can ask your San Antonio divorce attorney if this is the best option for your case.

It’s also crucial to note that your divorce attorney can do more than just fight for your best interests in court. Your attorney can guide you through ADR sessions and coach you on how to conduct yourself. Your attorney can likewise review or draft your divorce settlement agreement to make sure that your interests are protected. Additionally, your attorney can negotiate a fair divorce settlement to avoid the need for a trial.

Consult With a Skilled San Antonio Divorce Attorney Now

Getting a divorce does not need to be a lengthy and complicated process that involves multiple hearings and court appearances. Sometimes, however, the only way to get a fair divorce settlement is to fight for it in court. To learn more about the process for getting a divorce in Texas or responding to a divorce petition, contact the San Antonio divorce attorney of Hoelscher Gebbia Cepeda PLLC today. Complete our online form or dial 210-222-9132 to schedule your case review.