Agreement or Court
When a relationship ends, the two spouses need to make some decisions right away: Where will they both live? What about the kids? How will the bills get paid? Etc.
Often, temporary arrangements are made, which gives each spouse a little space and time to step back from the emotional pain of the separation. These temporary arrangements often provide the physical separation needed, while they then move forward to formally separate.
If the two spouses can work things out temporarily, this gives them both a chance to regroup to make bigger decisions later. If the spouses can’t work things out even temporarily, they may need to go to court to get an Interim Order that will provide a temporary fix.
Making agreements in the short term is hard, and making a settlement agreement for your future is even harder. There are a lot of emotions and frustrations. Working things out helps agreements be reached sooner, at less cost, and with far less stress and frustration, compared to going before a judge for a court-ordered separation or divorce.
Attention
In cases where there is violence or high conflict working it out may not be safe or appropriate. Seek legal advice on how to keep your family safe.
Going to Court
Going to court does not mean you have to have a lawyer. You can attend court hearings without a lawyer and you can represent yourself at trial without a lawyer. If you represent yourself, you will be expected to have an understanding of the law, as well as court rules and procedures.
With or without a lawyer, going to court can be time-consuming, costly, and emotionally difficult. Since the court system is adversarial in nature, you may find yourself in the middle of a bitter court battle. Consider reaching an agreement and if that is right for your situation.
Why Go to Court?
Though going to court can be difficult, in certain situations it is necessary and in some situations it can be helpful. Going to court may be necessary when:
- There's a history of violence or abuse in the relationship
- You or your children need to be protected from your former spouse
- Your former spouse is threatening to do something drastic like take the children, hide property or rack up debt
- Your former spouse is refusing to disclose financial or other information
- Your former spouse is refusing to provide support and you need financial help
Lawyer’s Tips
Going to court is necessary when family violence is a concern.
Going to court may be useful to address urgent matters.
