Divorce Court - Not The Place You Want To Be

True or false: If you live in the "sunshine state" you can get a divorce without even going to California divorce court. I believe the "False" sign in your head is blinking rapidly right now, and you are one hundred percent sure of your answer. I am not surprised at all, though, because through television shows, movies, books and other forms of media, we have been made to believe that all divorces are legal battles.

The truth is you can actually get divorced without having to go to California divorce court. I know this idea might be new to you, and maybe even outrageous. You probably don't even believe it, but trust me, not going to court is the much better option. You should always try to avoid having a court battle. After all, you surely do not want a judge who knows nothing about you at all to make decisions for you, right?

It would be great if you and your spouse can come up with an agreement about all your legal issues. These include, if you have minor children, parenting issues, and the division of your debts and property. You definitely want to work these issues out! This is known as a Settlement Agreement, which is a written agreement. If you're wondering if a Settlement Agreement is the same as a Marital Settlement Agreement, you are correct. The Marital Settlement Agreement is just the old name, the one being used before the enactment of the Domestic Partnership legislation in California.

It is understandable that you may not want to have anything to do with your ex-spouse anymore, let alone be forced to cooperate with him or her. Just keep in mind, however, that a Settlement Agreement has numerous advantages, which I will enumerate to you in a while. Cooperating with your spouse (even if this is done against your desire) must be done to avoid a messy and expensive California divorce court battle.

What are the advantages? Let me tell you some of them.

First and foremost, as I mentioned earlier, you do not want a judge who does not know you making decisions for you, but if you can't agree on divorce issues, this is exactly what will happen.

You wouldn't want someone who does not completely understand you and your situation make a final judgment for you, would you? With a Settlement Agreement, you can be sure you know what your judgment will be.

Another advantage of having a Settlement Agreement is that it is unbelievably convenient. You do not have to go to court at all. Instead, you can actually complete your case by mail.

Aside from being convenient, a Settlement Agreement will save you a lot of money. Why? You will not need to hire lawyers, thus saving you from overpriced legal fees.

Also, if you have children, their welfare is and should be one of the top priorities in your divorce. A Settlement Agreement will help you have a better relationship with your ex-spouse, which will lead to better post-divorce parenting. You do not want to have a bad relationship because of what you went through during a legal battle in California divorce court.

After coming up with a Settlement Agreement, you now want to get a Judgment. What is a Judgment? This is what you need to dissolve your marriage. How do you get one? Well, there are two ways, and only one of them involves appearing in California divorce court.