Settlement
Many divorce cases are settled prior to trial. A settlement can be reached through informal negotiations between spouses and there attorneys or via alternative dispute resolution like mediation or collaborative law. Reaching a settlement agreement can help alleviate the costs associated with divorce and allow a couple to determine the issues relating to their separation, such as property distribution and child custody, themselves rather than relying on the determination of the court.
Once a settlement agreement has been reached, the parties will attend an informal hearing in the state court where the divorce petition was filed. The judge will ask the parties some informal questions and whether each party understands and voluntarily signed the agreement. A settlement agreement will usually receive court approval if the judge is satisfied that it was fairly negotiated and does not blatantly favor one side over the other.
Once the judge has approved a settlement agreement, he/she will issue a divorce decree outlining the couple’s rights and obligations including child custody, child support and alimony and division of marital property and debts. A decree, once signed by the judge and filed in the court, effectuates the divorce.
If the judge does not approve one or more of the terms of a settlement agreement he will probably order the parties to continue negotiating those issues. If no agreement can be reached, the case will go to trial before a judge or jury.