Do you have to appear in court for divorce?

Answer 1

No, you just need to fill out the proper papers and you should have a lawyer for representation for future court dates. However, if you do hire a lawyer, you should have him/her file the petition for divorce.

Answer 2

Yes you will have to attend court. A contested proceeding occurs when the parties cannot agree on one or more issues of the divorce such as property division or child custody. Between the filing of the divorce and the trial, the couple may reach a settlement agreement through their attorneys or through mediation. If that happens, the action may be converted into an uncontested hearing. Without resolution, the parties proceed through discovery where each side gains information about areas of financial assets and earnings, lifestyles, and the physical and mental health of the parties and their children. This process can be done through written questions, document exchange, depositions and examinations. After discovery, the parties proceed to either a bench trial (with only a judge) or a jury trial to resolve the remaining issues. Before the trial, you may have one or more temporary hearings before the judge to determine temporary spousal or child support, custody, living arrangements or attorney fee payment. Contested divorces are more expensive because of the divorce lawyer's time and court costs. Most attorneys require a sizable retainer before filing a contested divorce.

Answer 3

It depends on the state and the circumstances. I know for a fact that in Virginia neither party needs to go to court if it is an uncontested divorce.