A lot of people are surprised to learn when I tell them that they do not have to go to court or a court hearing if they are in agreement with their spouse regarding the terms of their divorce.
When people call us the first time, I take a lot of time to explain the court process and procedure.
I explain that the only reason people have to go to court is because they cannot agree to the terms of their divorce and they need a judge to make the decisions for them.
So when people call me and ask questions like, “what do you think the Judge would say about this or that”, I remind them that a Judge is not going to make a decision if you and your spouse are able to agree.
Ninety-five percent of the divorce cases we handle are amicable in nature where the parties are at least somewhat willing to work towards an agreement. Our office helps facilitate that process by working as a third party between you, your spouse and the Court.
When your divorce is handled in this fashion, we will prepare all your agreements and draft your judgment, also known as a settlement agreement. The Court’s only job then is to make sure the paperwork was completed properly and that court procedure was followed. For the most part, the court will not intervene on the decisions you decide to make. I can tell you this is true not only because of the volume of divorces we handle each month, but because I have previously worked for the Superior Court’s Family Law Division and I was the one approving the very same judgments.
Remember, the Courts don’t want you in their courtrooms as they are already busy enough. In fact, before you are allowed to see a Judge you have to meet with a mediator or facilitator to see if you can work it out before going in front of the Judge.
Going through a divorce is not fun. But going through a divorce without fighting in court will leave all involved much better off emotionally and financially.
Tim Blankenship is a Legal Document Assistant (LDA) specializing in California divorce. For more information about our services, please visit www.Divorce661.com or contact us for a free phone consultation at 661-281-0266.