Monday, November 23, 2009

Divorce: Do I Have To Go To Court?

As Augusta, Georgia divorce lawyers, we are often asked by prospective divorce clients, "Do I have to go to court?" The answer is: It depends! (Don't you like crisp, clear "lawyerly" answers like this?!) More specifically, it will likely depend upon whether you are getting an uncontested or contested divorce.
1. UNCONTESTED DIVORCE: If you and your spouse are getting an uncontested divorce, then you probably won't be required to physically go to court. In other words, as part of the uncontested divorce documents, your divorce attorney will prepare a document whereby the other party will essentially sign and agree that your Georgia divorce case can be disposed of without your having to go to a court hearing. Of course, it is always possible that the court may have some questions about your case and require a hearing, even with an uncontested divorce. And naturally, you will need to discuss each of these issues with your own divorce attorney.
2. CONTESTED DIVORCE: However, if it is a contested divorce, then both parties WILL be required to go to court, several times, including, at a minimum, the temporary hearing, (or thirty day conference), and a final hearing. Again, you need to discuss with your own divorce lawyer what will occur at each of these hearings and how you will need to be prepared for court.
The bottom line is: If you are getting an uncontested divorce, you may not have to go to court, (in Georgia), but, if it is contested, you almost definitely will be required to go to court, unless you quickly settle your case.
So, see ya in court, (or not)!


  1. Just wanted to stop by to thank you for visiting my "Balance Beam" and the kind comments. All the best to you!! :-)

  2. hi! sir I was here visiting and reading your post. enjoy the rest of the week :)