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Is it possible to get divorced without going to court?

Brooklyn, NY |

suppose I want to divorce my wife but dont want to go through the whole court date and legal action part of it? How do I go about desolving the marriage....We've been seperated for 7 years.

Attorney Answers 2


  1. If by "going to court" you mean physically appearing before a judge in the courthouse the answer is yes. It is possible to get divorced without having to physically appear in court if you and your spouse agree about every aspect of the divorce. If you and your spouse agree about all issues in the divorce, such as child custody, child support, spousal support and property division, then you can file for an uncontested divorce without having to appear before a judge. Even if the divorce is uncontested, however, you still must file a "legal action" for divorce and submit all of the proper paperwork to the court. Only the court can issue a judgment of divorce and it will do so only after submission of all the proper paperwork. Although it is possible to do this without a lawyer, you can save a lot of time and energy by retaining an attorney to do this for you. Matrimonial attorneys file this kind of paperwork all the time and are familiar with the process.


  2. If by "going to court" you mean physically appearing before a judge in the courthouse the answer is yes. It is possible to get divorced without having to physically appear in court if you and your spouse agree about every aspect of the divorce. If you and your spouse agree about all issues in the divorce, such as child custody, child support, spousal support and property division, then you can file for an uncontested divorce without having to appear before a judge. Even if the divorce is uncontested, however, you still must file a "legal action" for divorce and submit all of the proper paperwork to the court. Only the court can issue a judgment of divorce and it will do so only after submission of all the proper paperwork. Although it is possible to do this without a lawyer, you can save a lot of time and energy by retaining an attorney to do this for you. Matrimonial attorneys file this kind of paperwork all the time and are familiar with the process.

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