Usually, divorce cases end before going to trial. When the spouses agree to all of the terms, they submit the required forms. Depending on the state, the court will likely enter the final judgment and then mail it to the spouses.
Divorce is now a common proceeding where the court has already built processes around it. The CDC’s National Center for Health Statistics reported 672,502 divorces and annulments in 2023 across 45 states and Washington, D.C., a provisional rate of 2.4 per 1,000 residents of those reporting areas. The figures exclude California, Hawaii, Indiana, Minnesota, and New Mexico.
Family court procedures are efficient in resolving uncontested divorce matters as well. Let’s look at how proceedings are done depending on state laws and other circumstances.
Paperwork Carries Most Uncontested Cases
To determine if court appearances are warranted, it depends on different factors. If both spouses agree to the divorce, court appearances are often not required. The other factor is whether the other spouse simply does not respond.
In some states, a divorce can be decided on submitted papers without a court appearance once the required paperwork and any support and custody terms are filed for the court’s approval. If the other spouse is properly served and does not respond within the allowed time, the filing spouse may ask the court to enter a default. The judge may then review the sworn statements and enter the final judgment or decree without a hearing. In California, default cases under family code 2336 can be proven by affidavit, though the court may still require an appearance in certain circumstances. State waiting periods still apply.
Contested cases are handled differently. Once spouses dispute money, property, or parenting time, hearings and sometimes a trial usually follow.
California’s Default Route
California’s court system says it plainly. According to the California Courts self-help guide on default divorces without minor children, most people can complete a default divorce without going to court. The guide adds a caveat. A judge may still set a hearing when someone asks for spousal support or when the case involves something complicated.
In those cases, the paperwork serves the same purpose as testimony. The filing spouse submits a declaration telling the court that they followed the default steps and that the information in the case is correct, along with the financial disclosures and proposed judgment the court needs.
Virginia’s Affidavit Option
Under Virginia’s divorce evidence statute, a party seeking a no-fault divorce based on separation can present evidence by deposition or affidavit instead of live testimony. The statute allows such evidence without court permission in only three situations. These are a written agreement that settles every issue, a case with nothing left to decide beyond the grounds for divorce, and a spouse who was personally served and did not respond or appear. Even so, the court can still require that some or all of the testimony be given in open court.
In practice, this route fits separation-based divorces that are settled or unopposed.
According to the legal firm website https://www.thpfamilylaw.com/, Virginia divorces fall into two groups, uncontested and contested. Agreement on spousal support, custody, and property division makes an uncontested case simpler. Disputes over the same issues tend to stretch a contested case out, and the judge often decides the outcome.
When a Hearing Still Happens
Skipping court is common, but it is never guaranteed. Several situations tend to pull a case back into the courtroom.
Children are a common factor. Custody and support terms are often examined more closely, and a parenting plan that raises questions can lead to a hearing even when both parents agree to it. Spousal support requests can do the same, as California’s guidance notes.
Delays can happen when processing the relevant paperwork runs into certain issues. Examples of these problems include incomplete or missing paperwork or a judgment that contradicts other documentation. This process can send a case back for corrections or onto a hearing calendar.
Then there’s the judge’s own discretion. Both the California and Virginia approaches allow a court to request live testimony when something in the file is unclear.
What Couples Can Expect
Once there is mutual agreement between both spouses on all things, the divorce will move along relatively quickly. The timeline will then depend on some meticulous paperwork, a lot of patience, and varying state guidelines like waiting periods and necessary documents.
Couples who can amicably solve all their issues and completely fill out the required paperwork often find themselves divorced before ever stepping foot into a courtroom. The ones who do find themselves in front of a judge end up there either due to some contentious issues or incomplete paperwork, most likely without planning on being there.
