Will I Have to Go to Court for My Divorce?


Many people worry about the divorce process because of court and litigation involvement. However, not all divorces take years of court visits and bitter legal battles. If you and your spouse are divorcing amicably, it’s more likely you can settle the matter without ever needing to appear in court.

If you’re filing for an uncontested divorce, you must not have any children under 21, and your marriage must have been over for at least 6 months. If you fit this case, you and your spouse can determine your property division and spousal support on your own, file your divorce papers, and submit them to the County Clerk’s Office. Uncontested divorce costs at least $335 in total court and filing fees. If the divorce is approved, a judge will sign the Judgement of Divorce, which you may get mailed to you or will have to pick up.

However, if you have children, the process is a little more complicated. Child support needs to be worked out before a judge will sign the Judgement of Divorce. Custody, visitation, and child support can be handled as part of the case itself, and the issues will be decided as part of the divorce Judgement. This could lengthen the process significantly, but it still might not require litigation if you and your spouse can agree on all relevant subjects. If the judge finds your arrangement to be in the child’s best interest, he or she will sign the Judgment of Divorce.

If you’re interested in discussing a litigation-free divorce, talk to our skilled Bronx divorce lawyers about your options. Attorneys Michael King is a qualified lawyers who practices only matrimonial and family law. Let him use his years of legal experience on your behalf.

Contact us at (347) 343-5467 or fill out our online form to schedule a free case evaluation today!

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