Q: If 2 parties agree on paperwork and sign for a divorce and children custody do they need to go through court proceedings
A: Yes. They will still need to file papers with the court and follow court procedure. At a minimum, they will likely have to go to an initial status conference. They will also have to go to a final, "uncontested permanent orders" hearing. At that hearing the court will ask them about the marriage, their agreements, etc. If all is in order and there are no concerns the court should sign off on the decree and adopt any agreements as orders. This is required when one or both parties don't have attorneys.
A: You still need to have the court approve your agreement and order that the parties comply with it. The court does require an actual court appearance if one/both parties are not represented by counsel if there are minor children involved. You also need to do the mandatory disclosures and file Sworn Financial Statements. Having an attorney involved will help this process go smoother.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
