Most people going through divorce would rather have it go uncontested and quickly. It simply does not, sometimes, and couples end up in court. It is not as common as television makes it seem, but sometimes it is simply the best, or only way to negotiate the best possible outcome of a divorce. Not all divorces end up in court, but when they do, it is usually because of specific events or reasons.
Domestic Abuse
If a partner files for divorce from an abusive spouse, proceeding out of court may simply not be possible. Communicating directly may be a danger and the abusive party may be unwilling to negotiate at all. Thus, a court appearance, make safe for the victim, may be the only way.
Lack of Cooperation
Generally, it takes two to divorce. However, if one person refuses to cooperate and sign off, then a court appearance may be necessary. One person cannot completely stop a divorce if the other insists it is necessary. If mediation does not work, either, then a judge must become involved. The uncooperative party could face legal repercussions if he or she continues to refuse by not appearing in court at the appointed time.
Someone Disappears
In the end, if one person really wants a divorce, it is probably going to happen. Even if one spouse tries to avoid a divorce by leaving, or is suddenly gone for any reason, and cannot be found, divorce is still possible. It may affect how long the procedure takes, but the person filing may appear in court to make the situation known to a judge.
Ongoing Disagreements
Divorce requires that issues be settled. When two people are separating, sometimes it simply is not possible, even if the two parties are generally amicable. When spouses need help negotiating, they may try mediation, first. If that doesn’t work, a court appearance might be necessary. This particularly true when children are involved. If spouses can’t agree on what might be best for the children, impartial parties must sometimes get involved.
Misrepresented or Hidden Information and/or Assets
Filing for divorce can be complicated. You must have all the right forms and provide many significant details about finances, children, and more. If the divorce is contested, all these details become even more important. There are still ways to stay out of court when a divorce is contested, but not sharing vital information is not one of them. If one spouse fails to produce discovery, whether accidentally or on purpose, you may end up in front of a judge.
Though not every divorcing couple ends up in court—arguably, even most are able to settle out of court—it is a possibility under certain circumstances. If you do go to court, things may also be much more expensive, as an attorney will most likely have to be present. In addition to avoiding the above, forego court appearances by seeking a licensed attorney’s help from the beginning. Affordable services are available. If you’re in Florida and need a divorce, call Miller Law. Let us help you stay out of the courtroom.
