Do I have to go to court at all?

January 30, 2017

Not necessarily …
The ONLY issue that requires judicial (court) involvement and endorsement, is a divorce. Spouses can settle all outstanding issues between them by way of a Separation Agreement, and then proceed to court (if one wants) to obtain a divorce. In these circumstances, the divorce is often times “uncontested”, meaning that it will go through without opposition and without the necessity of either party or counsel actually appearing in court. My advice to clients who are separating is usually to try to settle all outstanding issues first (by way of Separation Agreement), and then proceed with the divorce. There are, of course, urgent situations where immediate court action is necessary. Provided that both parties are cooperative, act in good faith and provide full disclosure, every effort should be made to attempt to resolve your matter through settlement negotiations which would lead to the signing of a Separation Agreement. The best way to resolve your matter is to settle it on terms that are fair and reasonable to both parties and which accord with the children’s best interests.