A major part of the marriage dissolution process, in most cases, is divorce settlement negotiations and the drafting and execution of a settlement agreement. Negotiations include face-to-face meetings between spouses or their attorneys as well as an exchange of documents and other materials. Some couples elect to seek mediation as a means of moving forward with settlement negotiations. In other cases, a judge may schedule a settlement conference. These two processes allow a third party--the mediator or the judge--to aid a couple and attorneys in resolving a case.
Function
The functions of a divorce settlement agreement include delineating the specific resolutions reached by spouses in regard to major issues raised through the course of divorce proceedings, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. These include matters relating to property owned by the couple, debt owed as well as all major issues surrounding the care and custody of any minor children born during the marriage.
Negotiations
A divorce settlement is reached through negotiations, discussions between spouses or their attorneys, that take place over what can amount to an extended period of time in some cases. Parties to a divorce have significant latitude to resolve issues between them, without intervention by the court. Although a judge ultimately reviews and approves a settlement agreement, provided the contract is not inappropriately unfair to one party, the court accepts it as prepared.
Warning
Negotiating and drafting a divorce settlement agreement is a complex legal matter. Therefore, if you and your spouse desire to attempt a divorce settlement, seriously consider retaining an experienced attorney. The American Bar Association maintains resources to assist you in locating state and local bar organizations. These groups maintain directories of lawyers in different practice areas, including specialists in family law and divorce.
Effects
Once completed and signed by the parties, the settlement agreement is submitted to the court. Ultimately, the judge incorporates the contract into the final divorce decree. The effect of this process is to turn the divorce settlement agreement into an order of the court, according to "The Complete Divorce Handbook: A Practical Guide," by Brette McWhorter Sember.
Time Frame
Divorce settlement negotiations often commence even before a couple formally files for divorce. Reaching a settlement of major issues before filing for divorce results in speeding up the marriage dissolution process. Ultimately, once a divorce case is under way, the court sets a final deadline by which settlement negotiations need to conclude.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- Cornell University Law School: Divorce Overview
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
