Will I need to go to court?

Divorcing spouses do not necessarily have to go to court. In an uncontested divorce, each spouse retains their own attorney and works out a settlement agreement. In some cases, a mediator will assist with discussions. If each spouse agrees to the terms of a divorce settlement, their attorneys can handle what is essentially paperwork processed before a judge.

However, if you and your spouse cannot agree on certain issues, then you will have to go to court and petition the judge to rule in your favor.