Divorce laws in the United States incorporate a preference for spouses to attempt to reach a settlement of issues rather than proceeding with a full-blown divorce trial, according to the American Bar Association Section on Family Law. As you prepare for a divorce, you must understand the basics of a formal marriage dissolution, including the types of settlement that can be reached.
Financial
A significant type of settlement in a divorce action is a resolution of financial issues, according to "Nolo's Essential Guide to Divorce" by Emily Doskow. In working out a settlement of financial issues for divorce, it's helpful to understand the standard used by courts in your state to divide assets.
A small number of states use the community property standard, which requires an even division of assets and debts. Most states adhere to an equitable division standard, which requires a court-ordered division to be fair. A negotiated settlement of financial issues need not follow the state standard to the letter. A judge may allow significant leeway, provided that the agreement is not so lopsided as to violate either party's right to a reasonable share of assets and debts.
Children
One major aspect of divorce settlements involves children. It includes three major components: custody, visitation and financial support, according to FindLaw. The court allows you latitude in regard to custody and visitation issues. However, a court will scrutinize any deviation from the state-mandated guidelines regarding child support. All states use guidelines, based on the wages of the parents, to ensure that an appropriate amount of support is paid to satisfy the financial needs of a child.
Alimony or Spousal Support
Parties to a divorce action can negotiate a settlement regarding alimony or spousal support. Although state laws maintain different specifications for computing alimony, if a couple negotiating an agreement regarding this issue concurs on an amount, it is likely to be accepted by the judge presiding over the proceedings. A couple in a divorce case can agree to alimony payments even if a court would not order such support pursuant to the provisions of state law.
References
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
