What Happens If You Cannot Reach A Divorce Settlement?

A divorce involves several primary steps and begins with one spouse filing the divorce petition. The divorce petition initiates the process, and you should begin working on the divorce settlement shortly afterward. You can your spouse can decide how to settle the matters of your case, and you should. There are times, though, when couples cannot reach an agreement. Here are several things you should know about situations when couples cannot reach agreements.

Your Lawyers Assist You with Creating an Agreement

A traditional divorce involves each spouse hiring a separate attorney. The spouses tell their attorneys what they want, and the attorneys work out deals. If you and your spouse can work together and sacrifice a little, you can work out a settlement plan. It may involve some give and take, but you should attempt to reach an agreement on every issue. As you resolve and settle the matters, the lawyers will record the agreements. They will then place the terms in your final divorce settlement document.

The Judge Decides If You Cannot

If you have one issue or many issues that you cannot agree on, the case will go to court. The judge will hear the issues and decide what to do. You will no longer have a say in the matter and neither will your spouse. A judge cannot grant you a dissolution of marriage request without settling every issue of the case. Therefore, if you cannot agree on things, the judge gets the right to decide for you.

The Judge's Decision Is Final

The unfortunate part about this is that you might not agree with the judge's rulings in your case. The problem with this is that the judge's decisions are final. You cannot change these rulings unless you modify your case, and this is not an easy process. Modifying a case involves presenting your request to a judge and asking for a change. If your spouse agrees to the change, the judge probably will, too. If your spouse disagrees with the change, the decision is once again left up to the judge. It is always beneficial for you and your spouse to make the agreements before your case reaches this point.

If you want the best settlement for your divorce, aim to resolve all the issues before going to court. Otherwise, the judge will get to decide for you. If you have questions about divorce settlements or steps in the process, talk to a divorce lawyer today.