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Do I Have to Appear in Court to Finalize my Divorce in Chicago?
Divorces are one of the most challenging experiences someone can go through. No one gets married imagining their relationship will one day dissolve. Most people believe they are making a lifelong commitment. Building a life together can be a rewarding and time-consuming experience. Nobody wants this to end in a courtroom.
Most of the time, it is necessary for both parties involved in a divorce to appear in court to finalize the dissolution of a marriage. For many people, a courtroom appearance can add to the trauma of a divorce. In some instances, individuals may be able to avoid having to go to court to finalize their divorces. This can help alleviate some of the stress associated with divorce cases. Whether or not you must appear in court to finalize your divorce will depend on various factors, including the type of divorce you seek. This is why, if you are considering or currently going through a divorce, it’s vital to seek out an experienced family attorney.
What Kind of Divorces Are There in Chicago?
Many people who have never been through a divorce imagine they all follow a similar format: filing papers, having the other spouse served, and appearing before a judge to argue a case. This is not necessarily true. In fact, there are many different types of divorces. The kind of divorce someone will experience depends on a variety of factors, including the circumstances of their case and how amicable the separation is. Types of divorce available in Chicago include but are not necessarily limited to:
- Uncontested Divorce
- Collaborative Divorce
- Contested Divorce
- Litigated Divorce
- Default Divorce
An uncontested divorce occurs when both spouses agree on all aspects of their legal separation, including the division of money and property, child custody, alimony payments, and other factors.
A collaborative divorce occurs when both parties may not necessarily agree on all aspects of separation but do agree not to go to court. In the case of a collaborative divorce, parties will work with their lawyers and possibly a mediator to settle terms without going to court.
A contested divorce occurs when the parties involved cannot come to an agreement on one or more significant aspects of separation. In the case of a contested divorce, both parties’ attorneys will attempt to negotiate out-of-court to avoid having to appear before a judge. If both parties still can’t reach a settlement, a contested divorce becomes litigated. A litigated divorce is what most people think of when they hear the word “divorce.” In the case of a litigated divorce, both spouses will appear before a judge and go through divorce proceedings.
Default divorces are rarer. These occur when one spouse fails to respond to divorce papers within a specified time frame. In order for a default divorce to happen, the individual filing for divorce must ensure their spouse has been served with documents and that they have followed all proper procedures. If the other spouse fails to respond, a judge may grant the filing spouse a divorce by default. For spouses who are worried that a divorce may become combative, a default may be the best-case scenario. It may also be less expensive than other forms of divorce. If a spouse is absent and refusing to cooperate, it may also be the only option available.
When Can I Avoid Going to Court for a Divorce in Chicago?
In many cases, individuals going through a divorce will have to appear in court at least once. This is for the prove-up. A prove-up is the final step in divorce proceedings. At a prove-up, a judge will certify that every step necessary has been followed to finalize a divorce. The judge will then make an official ruling dissolving the marriage. A prove-up is when a divorce becomes official. In some cases, only the petitioner (the spouse filing for divorce) may appear at a prove-up.
Depending on the circumstances of a divorce, a person may not have to appear in court, or only have to make a minimal number of appearances. This is true of uncontested, collaborative, and default divorces. If someone wants to avoid appearing in court, their best option is to pursue uncontested or collaborative divorces.
In many cases, it may be necessary to appear before a judge. If someone wants to avoid having to appear in court, their best option is to consult an experienced divorce/family attorney. An attorney will be able to help individuals determine whether they can avoid having to go to court. A divorce lawyer will also be able to help minimize the number of appearances someone may have to make if they do need to appear before a judge.
What Should I Do to Avoid Appearing in Court to Finalize My Divorce?
Many people would like to avoid appearing before a judge to finalize their divorce. In some cases, this may be possible. If you or a loved one are currently considering or going through a divorce and want to finalize it without appearing in court, it’s vital you immediately contact January Law Firm LLC, located at 180 W Washington St Suite 1000, Chicago, IL 60602.
The compassionate and dedicated attorneys at January Law Firm LLC know divorce is painful. Their primary goal is to help each and every client finalize a divorce as quickly and painlessly as possible. If it is an option, they will work with their clients to avoid having to make court appearances. This can make the process more effortless in the long run. It can also prevent hurt feelings, stress, and the potential trauma of drawn-out arguments before a judge. Divorces are hard. The right attorneys can make them more manageable. If you or a loved one are currently going through a divorce and want to avoid going to court, don’t hesitate to immediately contact January Law Firm LLC at 312-970-0013 or email them for a consultation. They can make a difficult period in your life easier.
