# How do you get a divoce without going to court?



## YoungMilitarySpouse (Apr 9, 2009)

Is it possible to file for divorce and not have to go to court? My husband and I do not have children and do not own a home. We agree on what will be divided between us. We dont want to fight or screw one another over. 
My husband is in the military and will be trainining for 3 months in the summer. I would like to file for uncontested divorce and mail him the papers to sign so that by the time he gets back it is finalized
Is it possible to do this without him having to appear in court if he agrees to all the terms while he is out of state?


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## TIME (Mar 2, 2009)

If you both agree to everything that is drawn up in the agreement, all you both need to do is sign it, the lawyer files it and you re done. There is no need to go to court unless there is a battle over something, and before that would happen they try a mediator. They do not want you in court.


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## marina72 (Dec 29, 2008)

depends on the state, but in most states, as long as the divorce is uncontested, you don't have to appear in court. A lawyer will have to draw up the papers, and will tell you what you have to do. But, normally, an uncontested divorce where there is no real property, and lots of assets to be divided up, is very simple. Plus, as you said, there are no children involved.... so this should be a cut and dry thing.

It shouldn't take long at all, to have an agreement drawn up, and then as TIME said,,, you both just sign, the attorney files it, and the judge decrees the divorce, and states at what point it will be final. Most states it's 60 days... but it varies from state to state...


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