Getting Divorced Without Having to Go to Court
One of the most common concerns people have when considering divorce is whether they can avoid going to court. Many clients come into our office and ask, “I want to get divorced, but I don’t want to go to court. Can I do that?”
The short answer is yes—it is absolutely possible to get divorced without stepping foot in a courtroom. In California, if both parties can work together to reach an agreement, you can finalize your divorce without the time, expense, and stress of litigation.
How to Get Divorced Without Going to Court
The key to avoiding court is communication and cooperation. If you and your spouse are willing to negotiate and compromise, you can privately resolve all the important aspects of your divorce, including:
✔️ Dividing assets and debts
✔️ Spousal support agreements
✔️ Child custody and visitation arrangements (if applicable)
In California, you are required to complete Preliminary Declarations of Disclosure as part of the divorce process. This step ensures full financial transparency between both parties. If you and your spouse can complete this and agree on all major issues, your divorce can be finalized without ever stepping inside a courtroom.
Options for Reaching a Divorce Agreement
If you and your spouse agree to handle the divorce outside of court, there are several ways to work through negotiations:
1. Settlement Conferences
A Four-Way or Three-Way Settlement Conference can be held where both spouses (and their attorneys, if applicable) meet to discuss and settle divorce-related matters. This structured discussion often leads to a mutually beneficial agreement without involving the courts.
2. Mediation
You can also hire a neutral third-party mediator who helps facilitate productive conversations between you and your spouse. The mediator does not make decisions but guides both parties toward a fair and reasonable resolution. This method is particularly beneficial for couples who want to maintain control over their divorce terms while avoiding the high costs and emotional strain of litigation.
3. Negotiation Through Attorneys
If direct communication is challenging, attorneys can negotiate on your behalf by exchanging settlement proposals. This method still avoids a court battle and allows each party to present their terms and make compromises until a final agreement is reached.
The Benefits of Settling Outside of Court
Choosing to settle your divorce privately rather than going through litigation offers several advantages:
✔️ Faster resolution – San Diego courts have long wait times, so private settlement means finalizing your divorce much sooner.
✔️ Lower costs – Avoiding court fees and prolonged legal battles saves time and money.
✔️ Less stress – Divorce is already an emotional process—keeping things out of court minimizes conflict and allows for a more peaceful resolution.
✔️ More control – Instead of leaving important decisions up to a judge, you and your spouse decide what works best for your situation.
Need Help with a No-Court Divorce? Contact JWB Family Law
If you and your spouse are considering divorce without going to court, our experienced team at JWB Family Law is here to help. We can guide you through settlement conferences, mediation, or attorney negotiations to reach an agreement quickly and efficiently. Call us at (619) 566-7216 or visit https://jwbfamilylaw.com/ to schedule a consultation. Let’s find the best path forward for you!
