If you or your spouse have decided to file for divorce and proceed with dissolving your marriage, you will then need to consider how your divorce will be finalized. A divorce can be finalized in several different ways.
Options for Finalizing a Divorce
Divorce Litigation
One option is to litigate the case and hold a trial before a family court judge. This is done when the parties cannot agree on the terms of the divorce, and the judge makes the final decisions surrounding dissolving the marriage.
Divorce Settlement Agreements
If parties and their attorneys can agree on how to dissolve their marriage, they can enter into a settlement agreement, and have more control over the decision-making process.
A settlement agreement can be reached at any time during the divorce process. All family cases are required to attend mediation prior to proceeding to trial. Many cases reach a settlement agreement at mediation. However, a settlement agreement can also be completed prior to attending mediation, through discussions and negotiations between the parties and their respective divorce attorneys.
If a settlement agreement is reached, it will address all issues associated with dissolving the marriage, including equitable distribution, alimony, and other components unique to the marriage. If there are minor children common to the parties, issues such as child support and timesharing will be resolved in the settlement agreement, as well as a parenting plan incorporated into the settlement agreement.
Coming to an agreement allows parties to maintain decision-making authority over how their post-divorce lives will be lived. Reaching a settlement agreement without having to attend trial will save both parties money and time. The attorneys at Fletcher & Phillips will work with you to evaluate and negotiate your settlement agreement, and ensure that the agreement is in your best interest, even far into the future.
If you have more questions about entering into a settlement agreement, please contact our attorneys at 904-353-7733.