Your Divorce Options
When you file for divorce, you begin the legal action that is referred to as the dissolution of marriage. The process can take several months or years, depending on the issues involved and the spouses’ willingness to compromise.
In divorce cases involving a lot of marital property or issues of child custody, the process can be lengthy, even if the spouses are open to negotiations. Money and children are often the two most important issues and often contested.
There are two main approaches to the divorce process. One path is shorter than the other, but may not be attainable in all cases.
Divorce Settlement
The divorce process can move along faster if the spouses are amicable and can work out a fair settlement. This type of agreement is usually negotiated through the spouses, divorce lawyers or mediation.
The divorce settlement should specifically address all issues of the marriage on which the parties can agree. The agreement on each issue, such as child custody, visitation, child support, division of marital property, allocation of debts and spousal support should be detailed in the agreement.
If a settlement agreement can be agreed upon, it is generally put into writing by one of the spouse’s divorce lawyer. The parties then sign, or stipulate, the agreement. After the agreement is signed, it can be submitted to the court for approval. If the court finds the agreement reasonable, it’s generally approved and made an order of the court. At this time the agreement becomes enforceable.
Divorce Trial
If a divorce is contested and the parties are unable to come to an agreement on marital issues, the court may decide the issues for them after a hearing. Courts are often clogged, making this a lengthy process.
Having the court settle issues is sometimes necessary but often risky too. By refusing to negotiate a reasonable divorce settlement and having the matter decided by the court, the parties lose control of the outcome.
If the court is to decide on an issue, it may require documentation and evidence related to the marriage, children and finances. Many couples choose to handle their divorces more privately, rather than bringing the matter before a judge and possibly ending up with an outcome that doesn’t satisfy either spouse.
Actions After Divorce
If circumstances change, either ex-spouse may petition the court to modify the divorce settlement. This process is similar to the divorce process as the parties have the option to come to an agreement or have the matter heard by the court.
If the parties can come to an agreement on amending the divorce settlement, the proposed modifications can be put in writing and submitted to the court for approval. If the agreement is approved, it modifies the original court order.
