Yes, it is possible to get a divorce without ever appearing in a Courtroom.
lf you've lived apart from your spouse for six months (or 12 months if you have minor children), you can file a Petition for Divorce. Your spouse will be served by a deputy sheriff, or s/he can accept service in front of a notary. lf your spouse doesn't file a written answer, you (and a witness) can sign affidavits saying you've lived separate and apart. The rest is done by your lawyer filing these affidavits and other papers in the Court record at the Clerk of Court's office. Using these affidavits, the Judge will sign the Judgment granting you the divorce.
This entire process should only take one to two months, and it's peaceful. You won't have to take off work or appear in front of a Courtroom full of people, and it will cost you a lot less in attorney's fees.
However, if you have other issues, for example child custody, support, and community property,
you'll have to go to Court, unless you can get your spouse to sign a Consent or Stipulated Judgment agreeing to settle these issues. lf you both sign that Judgment, there is no need
to appear in a Courtroom, which again, saves you money, stress, and embarrassment. Separating and divorcing is stressful enough as it is, so it’s much better not to go to Court to resolve these issues.
I always say that if I have to take a family into the Courtroom, no one wins - it's another way to destroy the family. I urge my clients to try to settle their issues peacefully.
The affidavit divorce is one way to move on with your lives and still stay a family, even though you are no longer married. Remember those future events like graduations, weddings, births of grandchildren - you and your former spouse will need to be at those.
A peaceful divorce helps your children and grandchildren enjoy these times with you both.
Lila Tritico Hogan
Attorney
Board Certified Family Law Specialist
For a consultation about this, contact Hogan Attorneys, 985-542-7730.
[Please Note: The answers provided in this blog are intended as general information provided by the Hogan Attorneys law firm. Hogan Attorneys specialize as family law attorneys in addition to criminal law and employment law. Each person's legal issues and divorce process are unique. Do not rely upon these answers. lf you have a particular issue that needs to be addressed, an initial consultation with a divorce lawyer or divorce attorney who understands divorce law will help you know your rights and options.]
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