do my spouse and i have to go to court in order to settle our marital issues

DO MY SPOUSE AND I HAVE TO GO TO COURT IN ORDER TO SETTLE OUR

MARITAL ISSUES?

Terence Daniel Doyle, Esq.

Resolving Marital Issues Out of Court Is Beneficial to All Parties; However, It Is Essential to Have an

Experienced Attorney Representing You During Divorce Even If You Do Not Intend to Litigate the Relevant

Matters Involved in Ending Your Marriage

Do My Spouse and I Have to Go to Court in Order to Settle Our Marital Issues? Doyle Golde Grossman Family Law Group 2

When marital issues are resolved in court, this is referred to as a litigated

divorce. Both parties present evidence to the family court judge, who will

then assess the relevant factors and apply the law to come to a

determination.

If you are getting a divorce, you will need a judge to formally dissolve your marriage.

This means you must file divorce papers and you must attend a divorce hearing.

However, you are not required to go to court in order to settle marital issues. If both

spouses are able to agree on issues relevant to ending the marriage, an uncontested

divorce can go forward quickly and easily and a judge can dissolve your marriage and

give legal weight to the agreement you have reached.

Resolving marital issues out of court is beneficial to all parties. However, it is essential

to have an experienced attorney representing you during divorce even if you do not

intend to litigate the relevant matters involved in ending your marriage. An

experienced attorney at Doyle Golde Grossman Family Law Group can provide you

with the advice and advocacy you need as you negotiate a divorce settlement and end

your marriage.

RESOLVING MARITAL ISSUES OUTSIDE OF COURT

When marital issues are resolved in

court, this is referred to as a litigated

divorce. Both parties present evidence

to the family court judge, who will then

assess the relevant factors and apply

the law to come to a determination. For

example, in determining the issue of

custody, the judge would consider who

has provided care to the child, the

wishes of older children, and a number

of other relevant facts to determine


what is in the best interests of the child.

Litigated divorces are often very expensive. By nature, they are adversarial and

contentious, which increases stress and can cause a further breakdown to the already

strained relationship between spouses. If children are involved in the marriage, this

additional stress between their parents can have a damaging impact. The expense of

litigation can also leave all parties involved in a worse financial position because of the

expenditures on legal fees, expert witnesses and court costs.

Despite the extra expense, litigated divorces rarely result in better outcomes for

couples. The spouses who are divorcing have the best knowledge of what is

appropriate for their family and of what assets and personal items are most important

to them. As such, the couple is

in the best position to make a

determination on how custody

and assets can be divided. A

judge will make a decision

based on limited knowledge

presented in an adversarial

setting, and his decision will be

binding even if both spouses

ultimately would have preferred

a different divorce settlement

agreement.

For these reasons, it is preferable whenever possible for a couple to negotiate their

own divorce settlement agreement. Exceptions exist to this general rule only in limited

cases, such as when one spouse is abusive or is hiding assets and thus making it

impossible for an amicable divorce settlement to be reached.

DECIDING ISSUES OUTSIDE OF COURT


A divorcing couple can work together to create a divorce settlement agreement with

the help of their attorneys. A divorce and family law attorney can explain what the

laws are and how the judge would likely apply them. This will both help the spouses

to be realistic about what they can expect out of a divorce settlement and will ensure

that neither party gives up his or her legal rights. For example, men should not

assume that women will always receive custody or that they will be obligated to pay

spousal support, while non-working spouses should not assume that they will not be

entitled to their fair share of marital assets. Each spouse should be represented by

his or her own attorney who is solely looking out for that particular client’s interests.

An attorney can also help the parties to be practical and realistic and to make

decisions about the divorce settlement by acting on logic, rather than emotion.

Couples may have a difficult time communicating or may want to use the divorce to

“punish” each other. This can result in a breakdown of negotiations and make a

litigated divorce necessary. When the spouses are each represented by a lawyer, this

can ensure that negotiations remain

professional and businesslike.

If a couple is not able to come to an

agreement on their own with the help

of a lawyer, there are professionals

who specialize in divorce mediation and

in collaborative divorce. Mediators are

independent and neutral third parties

who do not take sides but who facilitate

communication among divorcing

spouses. Mediators frequently have a background in conflict resolution or in the

behavioral sciences and can make it possible for couples to agree when they

otherwise would be unable to do so.


Doyle Golde Grossman Family Law Group has

extensive experience working with divorce mediators

and representing the interests of couples who want

to resolve legal issues outside of court. We can help

you to come to an agreement so your divorce

settlement reflects your needs and so your divorce

process is less contentious and less costly. We can

also represent you in court if a litigated divorce

becomes essential due to a communications

breakdown. Always speak to an attorney early in

the divorce process so you can have the best chance

of achieving a favorable divorce settlement that is

right for your needs and the needs of your family.

About the Author

Terence Daniel Doyle, Esq. is the

founder of the Family Law Group,

Danville CA. Terence Daniel Doyle

brings a powerful background and a

strong skill set to the firm. He is one

of only 1100 attorneys in the state of

California to hold the unique standing

of Certified Family Law Specialist

(CFLS) from the State Bar Board of

Legal Specialization. In addition to

family law, his areas of practice

include civil litigation, as well as

estate planning and taxation. Mr.

Doyle established the firm in 1984,

and maintains a strong vision for the

law group and its clients.

Terence Doyle’s greatest strength is

his ability to apply his knowledge of

case law to his client’s particular

situation, and then devising a strategy

which produces the best possible

outcome.

Mr. Doyle is a member of the State

Bar in the states of California, Arizona

and Hawaii. He holds his law degree

from Golden Gate University, with a

B.A. in Mathematics from St. Mary’s

College of California. He is a Danville

California native where he resides

with his family.