Is it necessary to show up in court for an Agreed Divorce?

[cluelessgirl]

Illinois

My sister and her husband want to get a divorce but they are both afraid of going to court. They don't have kids and don't have any assets, real estate, or property. They married really young and it's already been 2 years since they got married.

Can they just hire an attorney. Sign all the papers and have the attorney show up in court for both of them?

Thanks.

 

[Isis1]

Illinois

My sister and her husband want to get a divorce but they are both afraid of going to court. They don't have kids and don't have any assets, real estate, or property. They married really young and it's already been 2 years since they got married.

Can they just hire an attorney. Sign all the papers and have the attorney show up in court for both of them?

Thanks.

i'm almost positive, both your sister and her husband will need to show up in court at least once.

however, there are some states that do provide for an amicable divorce without an actual attendance. wait around for other members.

 

[Zigner]

Is it REALLY so unimportant to them that they don't desire to be in court? Really?

 

[justalayman]

Is it REALLY so unimportant to them that they don't desire to be in court? Really?

the only people I know that are afraid to show up in a courtroom have some other reason they don't want to be around a bunch of law enforcement personnel.

 

[Zigner]

the only people I know that are afraid to show up in a courtroom have some other reason they don't want to be around a bunch of law enforcement personnel.

Excellent point...

 

[LdiJ]

My ex and I never set foot in a courtroom. We stipulated an agreement, our attorneys submitted it to the court, and the judge signed off on it.

With proper representation its quite possible to not have to be present in court if all parties agree.

 

[mistoffolees]

My ex and I never set foot in a courtroom. We stipulated an agreement, our attorneys submitted it to the court, and the judge signed off on it.

With proper representation its quite possible to not have to be present in court if all parties agree.

Depends on the state. In my state, it was necessary for one of the parties to show up - even though all the issues had been agreed upon.

 

[Ohiogal]

My ex and I never set foot in a courtroom. We stipulated an agreement, our attorneys submitted it to the court, and the judge signed off on it.

With proper representation its quite possible to not have to be present in court if all parties agree.

It may work that way in Indiana but it does NOT work that way everywhere.
According to Chicago Divorce Lawyer | Chicago Divorce Attorney | Glenview Divorce Lawyer -- Chicago Attorneys -- they WILL have to go to court at least once -- a prove-up hearing it is called. So therefore you are wrong.

ETA: Misty -- in Ohio one party (the plaintiff or petitioner) has to show for a divorce. If the defendant does not show, the plaintiff needs to bring at least one witness. If it is a dissolution then BOTH parties MUST show up to the final hearing or the dissolution will NOT be granted.

 

[mistoffolees]

It may work that way in Indiana but it does NOT work that way everywhere.
According to Chicago Divorce Lawyer | Chicago Divorce Attorney | Glenview Divorce Lawyer -- Chicago Attorneys -- they WILL have to go to court at least once -- a prove-up hearing it is called. So therefore you are wrong.

ETA: Misty -- in Ohio one party (the plaintiff or petitioner) has to show for a divorce. If the defendant does not show, the plaintiff needs to bring at least one witness. If it is a dissolution then BOTH parties MUST show up to the final hearing or the dissolution will NOT be granted.

Yes, this is one case where state laws vary a great deal.

In OK (assuming it's uncontested, of course), only one party needs to show, but it can be either party. No witnesses needed.

 

[frylover]

ETA: Misty -- in Ohio one party (the plaintiff or petitioner) has to show for a divorce. If the defendant does not show, the plaintiff needs to bring at least one witness. If it is a dissolution then BOTH parties MUST show up to the final hearing or the dissolution will NOT be granted.

OG, I'm just curious....what's the difference between a divorce and a dissolution?

 

[Ohiogal]

OG, I'm just curious....what's the difference between a divorce and a dissolution?

In OHIO, a divorce is where one party sues for the marriage to be terminated and dissolved. The divorce can be uncontested (the defendant never responds or agrees to all the terms that the plaintiff requests) or contested (a bloody fight to the end). A dissolution is filed by BOTH parties and includes full and complete agreement on ALL issues including property, custody and child support (if all those are necessary). A dissolution filing includes a waiver of service which is notarized, a joint petition for dissolution which is normally notarized for both parties, a separation agreement signed by both parties, a shared parenting plan signed by both parties and both parties are to appear at the hearing set 42 days (approximately) from date of filing. The earliest a divorce can take place is also 42 days but it can continue for SEVERAL MONTHs.

 

[VeronicaLodge]

My ex and I never set foot in a courtroom. We stipulated an agreement, our attorneys submitted it to the court, and the judge signed off on it.

With proper representation its quite possible to not have to be present in court if all parties agree.

my ex and i never went to court either. my husband and his ex never did either although they did go to mediation.

 

[mistoffolees]

my ex and i never went to court either. my husband and his ex never did either although they did go to mediation.

As explained above, it depends greatly on the state. So that information isn't helpful unless you tell what state(s) was(were) involved.