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Settling can be a good thing when it comes to divorce

On Behalf of | Jan 12, 2018 | Divorce

You are still trying to get over the fact that your marriage is coming to an end. You may be feeling emotionally spent, and unfortunately, the thought of having to go through a divorce trial makes you feel even more anxious.

Trials might look glamorous on television, but they can be much more stressful in real life. That is why settling outside of court in Colorado is the best approach for many divorce cases. You and your future ex can avoid a divorce trial, too, if you can come to an agreement on the major issues in your marital breakup.

Reaching a settlement agreement

Through informal negotiations or an alternative dispute resolution process such as mediation, you and your soon-to-be ex might be able to find common ground and thus successfully resolve your issues. At this point, all of the decisions you have agreed upon will be finalized in a detailed, written agreement.

Once you have finalized your settlement agreement, you will present it to the judge in the location where the filing of your divorce petition took place. Then, an informal hearing will be held, during which your judge will pose some standard questions, and he or she will also want to know if both you and the other party voluntarily signed the settlement agreement. The agreement will usually always receive the approval of the court if the settlement agreement terms seem to be fair for both spouses rather than favoring one over the other.

Next steps

So, the judge has approved you and your future ex-spouse’s settlement agreement. What can you expect now? At this point, you will receive a divorce decree showing that your breakup is final. The decree documents exactly how you and the other party decided to resolve key issues. These key issues may include the following:

  • The distribution of your marital property
  • The division of your debts
  • How you decided to resolve other financial issues
  • Child custody, including visitation and living arrangements
  • Child support, including who the payer and recipient are, as well as the amount
  • Spousal support, including who pays and receives it, and how much

If some of your agreement’s terms do not receive the judge’s approval, you will likely have to keep negotiation on them. If you still cannot resolve these matters, then settling outside of court simply will not work. Instead, you must proceed to divorce trial. In either scenario, you have the right to pursue the most personally favorable outcome considering the circumstances surrounding your divorce.