The idea of going to court can make an already stressful divorce feel even more intimidating. Many people picture themselves sitting in a courtroom while a judge decides everything from who gets the house to how much time they can spend with their children.
Fortunately, not every California divorce requires a trial. Many couples are able to resolve some—or even all—of their issues through negotiation, mediation, or settlement. However, there are situations when appearing in court may be necessary.
At the Law Office of Stuart E. Bruers, based in Torrance and serving clients throughout Los Angeles County, Orange County, the South Bay, and the San Gabriel Valley, we help clients understand their options and work toward efficient resolutions while remaining prepared to advocate for them in court when necessary.
Can You Get Divorced Without Going to Trial?
Yes.
A divorce does not automatically mean that you and your spouse will have to battle your case out in front of a judge.
If you can reach an agreement on the major issues in your divorce, you may be able to resolve the case without a trial. These issues may include:
- Property and debt division
- Child custody and parenting time
- Child support
- Spousal support
- The family home
- Retirement accounts and other assets
Once an agreement is reached and the appropriate documents are prepared, it can be submitted to the court as part of the process of obtaining a final divorce judgment.
What Is an Uncontested Divorce?
An uncontested divorce generally means that the spouses are able to reach an agreement on all of the issues that must be resolved.
That doesn’t necessarily mean they agreed from the beginning. Some couples start with significant disagreements but eventually reach a settlement through negotiation or mediation.
Resolving a divorce without a trial can often reduce:
- Legal expenses
- Court appearances
- Conflict between spouses
- Stress on children
- The amount of time spent litigating disputed issues
However, reaching an agreement should not mean accepting terms you don’t understand simply to avoid court.
What If We Agree on Some Things but Not Everything?
That’s common.
You and your spouse may agree on how to divide most property but disagree about the house. Or perhaps you’ve reached a parenting agreement but cannot resolve spousal support.
When only certain issues remain disputed, your attorneys may continue negotiating those issues while preserving the agreements you’ve already reached.
If an agreement cannot ultimately be reached, the court may need to decide the remaining matters.
When Might I Need to Appear in Court?
Court involvement may be necessary when spouses cannot agree or when an issue needs to be addressed before the divorce is final.
For example, a court hearing may be needed to address:
- Temporary child custody or parenting orders
- Child support
- Spousal support
- Use of the family home
- Domestic violence or safety concerns
- Failure to provide required financial information
- Violations of existing court orders
A contested case may eventually proceed to trial if the spouses cannot resolve their remaining disputes.
Can Mediation Help Keep a Divorce Out of Court?
Mediation can help spouses work toward agreements on disputed issues without asking a judge to make every decision for them.
Depending on the case, mediation may address issues such as:
- Parenting schedules
- Property division
- Support
- Financial disputes
- Other terms of the divorce
Mediation isn’t appropriate or successful in every situation, but for some couples, it can provide a less adversarial way to resolve disagreements.
Is Settling Always Better Than Going to Court?
Not necessarily.
Avoiding court can save time, money, and stress, but reaching a fair agreement is more important than settling simply for the sake of settling.
There are situations where court intervention may be necessary to protect your rights or resolve an issue when the other spouse is unwilling to negotiate reasonably.
An experienced family law attorney can help you evaluate when compromise makes sense—and when asking the court to intervene may be the better option.
Why Experience Matters
Every divorce follows a different path. Some can be resolved largely through negotiation, while others require multiple hearings or a trial. Having an attorney who is comfortable both negotiating settlements and litigating contested matters can help you prepare for whichever direction your case takes.
With more than 30 years of family law experience, attorney Stuart E. Bruers helps clients throughout Southern California pursue practical resolutions while providing strong courtroom advocacy when litigation becomes necessary.
Take the Next Step
If you’re considering divorce and are concerned about whether you’ll have to go to court, contact the Law Office of Stuart E. Bruers today. We represent clients throughout Torrance, Redondo Beach, Long Beach, Beverly Hills, Pasadena, and surrounding Southern California communities, providing experienced guidance through both uncontested and contested divorce matters.