Not necessarily. If you and your spouse (with the assistance of your attorneys if necessary) can resolve your marital issues without involving the courts, the terms of your resolution can be recited in a document (commonly referred to as a “Separation Agreement”, a “Property Settlement Agreement” or an “Opting-Out Agreement”) which can then be presented to the court for review and approval, all without you needing to go to court. However, if you cannot resolve your differences, going to court to seek a judicial determination of your issues would be necessary.
