QUESTION
If I want to file for a divorce but I don't want to go before a judge, what should I do?
Asked on Aug 07th, 2013 on Divorce - Michigan
More details to this question:
I want to file but we live in a small town and know everyone. I want to file but I don't want to go before a judge. Can it be granted without both of us being present?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida the rules only require one party to physically appear, some judges have different rules and may require both if available. You may also appear by phone and some judges allow appearances by Skype.
Answered on Aug 07th, 2013 at 4:54 PM
You would never have to appear only if you and your husband agree to everything and you have the appropriate documents prepared and filed.
Answered on Aug 07th, 2013 at 4:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably, but only if both parties stipulate to all of the details. If your spouse fights, then you can't do it. I suggest talking with an attorney to make sure you understand all of the ramifications of the divorce.
Answered on Aug 07th, 2013 at 12:45 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There is a procedure where you and your spouse have to sign what is called a Waiver of Hearing in the presence of a Notary Public and of course comply with all of the additional requirements. That would allow the Decree to be signed by a Judge without your presence.
Answered on Aug 07th, 2013 at 11:21 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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If your soon-to-be ex files the Complaint for Divorce as the Plaintiff, and if you amicably resolve all the issues of the case, it is possible for you to avoid going before the Judge, but your spouse will have to, in order to present "proofs" to the Court to facilitate entry of a final Judgment of Divorce.
Answered on Aug 07th, 2013 at 11:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, if there is agreement and your spouse will cooperate (one of you has to go) but not if it is contested.
Answered on Aug 07th, 2013 at 11:15 AM