Not every divorce must go to trial. It is possible to have an uncontested divorce, where the court grants the divorce filing with no need for a hearing. In uncontested divorces, there are no issues where the parties have failed to reach an agreement.
Spouses have the ability to negotiate their own divorce agreement that covers all the major issues, such as custody and property division. In fact, this is how most divorces end because trials are exceptionally rare. Even if the parties do not always agree at first, they eventually find the common ground necessary to settle the case.
Uncontested Divorces Are Less Difficult
With an uncontested divorce, the procedure is obviously smoother and less extensive. There is little, if anything, for the court to decide. The judge will review the terms of the divorce agreement, but will only rarely object to them. Usually, if the parties have negotiated a settlement and filed the agreement with the court, it will be incorporated as part of the divorce order.
Not only is an uncontested divorce possible, but it is the best thing for both parties. It is almost always better to stay out of court. This is not to say that you should accept any terms that your spouse offers just to have a deal. The terms of the divorce agreement should make sense for you. It always helps to have a lawyer negotiate the agreement on your behalf. They can work towards solutions, helping to break possible impasses between you and the other party.
Contact a Sacramento Family Law Attorney
The Mason Law Office works with spouses and parents to handle divorces. Never assume that a divorce is too routine to need a Sacramento family law attorney. You can reach us at 833.770.1372 or contact us online to discuss your case.
