Can My Divorce Be Settled out of Court?

When a couple decides to divorce, whether it is an opposite-sex marriage or same-sex marriage, they have two options as to how they can go about the process: settle in court or settle out of court. Divorces are often difficult because a couple cannot agree on the terms and may feel as if their spouse owes them something. In this situation, one spouse may put up a fight and drag out the divorce longer than necessary. However, settling out of court is something that appeals to many because it is a less stressful, time-consuming option.

Before a couple can have their divorce granted, they will sit down with their attorneys for mediation to discuss and negotiate the terms of the divorce. Depending on what each spouse wants or may feel about certain divorce matters, this process may or may not take long. If and when the time comes that spouses work through these issues and find an arrangement that they both are comfortable with, then everything can be put on paper in a settlement agreement, signed by both parties and sent off to the judge for review.

Even though a couple may agree on the terms of their divorce, it doesn’t mean that it will be approved by a judge. After the couple signs the settlement agreement, the judge will review the document and decide if it is fair to both spouses. Only then can the divorce be granted, and both parties can move on with their lives.

Many couples who decide to divorce may be under the impression that they will have to battle it out in court in front of a judge, but this is not true. If spouses and their attorneys are able to work together, then an agreement may be reached, and the divorce can be finalized without the couple having to argue or dispute in a courtroom. Should anyone have further questions about settlement agreements and the mediation process, they can contact an attorney.

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