Table of Contents
To settle your case before a trial, you will have to come to an amicable divorce agreement and your divorce attorney can help you with this. Doing this can save you significant time and keep you from fighting it out in the court system. There are some steps that you will have to take initially, so that your divorce attorney can negotiate a fair agreement. This agreement will figure out how the property will be divided, along with any custody arrangements or spousal maintenance like alimony. With a little bit of patience, the process of a divorce can be easy and painless- everyone can move on with their lives.
The Steps to Settle a Divorce
Firstly, you will need to speak with a divorce attorney. Even if both parties are agreeable from the beginning, it will be your responsibility to follow all the rules of the courts. Your divorce attorney will make this process much easier and help you avoid any penalties that would arise from missing deadlines with the court. These penalties could even have your case dismissed. Your attorney will help you with all of the legal tasks required by state law such as filing the divorce petition and a child support worksheet if applicable.
Secondly, schedule some time to talk to your spouse. You should meet with them in a neutral place and have a calm, honest discussion about what both parties want from the divorce. As there may be issues that matter more to you than your spouse-finding a middle ground is always the best place to begin negotiating. Always be careful of entering any agreements or signing any papers without the advisement of your attorney.
Thirdly, it’s important to gather all your financial information. You will need all this information to help determine things like child support, the division of property, and spousal maintenance like alimony.
Step four, determine your parenting plan. We all know that children are the biggest priority and some important questions to ask yourself are things like can you get along well enough to co-parent? What will your schedules be like? What will the child support be? Your divorce attorney will help you complete the child support worksheet and consider all of the factors that will calculate the support.
Step five, If you do not agree with the proposal of your soon to be ex-spouse, then you do not have to sign the agreement. Sometimes, even after honest negotiations you still can’t reach an agreement. There are other ways of dealing with this, such as working with a mediator or other neutral third party-and your divorce attorney will help you determine which one will work most for you.
The final step would be to then sign and submit this divorce agreement to the courts and present it to the judge. This agreement is contractual and once signed you will be bound by it. Then your judge will review and make sure it meets all the requirements set by the state and enter it as a final court order.
Why It is Good Your Divorce Attorney Settles Your Case
The benefits of settling out of court are numerous. You will save time and money by not having to deal with numerous court dates- and save yourself the endless loop and filing and responding to paperwork. This mutual agreement will also help you cut down the feelings of stress and pressure. Going to court to can be unpredictable, even if all of the issues seem to be cut and dried. Judges can be unpredictable and you’re always taking a chance when going to court BUT if you and your divorce attorney have already negotiated a fair settlement, you will already know to what to expect.
Josh is writer and paralegal, with over 10 years of experience in family law, personal injury, criminal defense and more.