No, in fact most divorces settle out of court and don't go to trialFormal legal process during which evidence and testimony is presented to the court (Judge or a jury) so that a decision can be reached in a dispute between two parties. at all. Out of court settlements can be accomplished either through settlement conferences, mediationA form of alternative dispute resolution (ADR) for resolving legal disputes without going to trial, by the use of a trained and impartial third party who attempts to bring the parties together in mutual agreement., or collaborative law. Some situations may ultimately require you to go to court, but it's often preferable for you and your spouse to decide how to divide your assets or determine visitation instead of having a Judge do it for you.