Divorcing couples must get their divorce approved by a court, but that doesn't mean the court has to decide the divorce issues for them. All states allow couples to settle any divorce issue between themselves. Even if a couple does not have a prenuptial agreement, the couple can, with or without the aid of attorneys, come to an agreement about all the issues present in the divorce, ranging from property to child support.
Property
One of the most common, and potentially contentious, issues in divorce settlements is the question of who gets what. Generally referred to as property settlements, divorces must divide all the property owned by either spouse, either individually or jointly. The couple must decide who, for example, gets to own the family home, who gets to keep family heirlooms and who is responsible for paying debts. Of course, the more property a couple owns, the more difficult and time consuming a property settlement agreement can be. If the parties cannot agree to settle property issues amicably, the court can settle the issue itself. The laws governing how the court does this vary greatly, and the court can impose orders that neither party requests or approves of.
Support
Apart from dividing up the property is the issue of marital support, commonly referred to as alimony. All states allow courts to order alimony payments from one spouse to another regardless of sex, but couples can come to an agreement between themselves about who pays and how much. While courts must consider a wide range of factors, such as the length of the marriage, the income of the spouses and each spouse's income, the couple can use any factors they chose to determine appropriate support payments. Couples can also determine how long the payments last and what conditions can cause early termination, such as remarriage of the receiving party.
Children and Child Support
Another contentious issue in divorce settlements is the issue of child custody and child support payments. Married couples with minor children must be able to determine where the children live, who gets the children on weekends, holidays, and so on. Custody and visitation rights are typically laid out in a parenting plan, which many states require the couple to submit to the court as part of any divorce petition or settlement.
Unlike property and support issues, courts have a special interest in any case involving the care of minor children. Even though courts can adopt proposed custody agreements, the court has a duty to ensure that the best interests of the child are met, not necessarily the needs or desires of the parents.
