To make sure there are no calamities and the divorce settlement runs smoothly, there are certain ways the settlement can be established. This includes mediation, attorney negotiations, or can even be done on your own.
How the spouses resolve their issues and reach an appropriate settlement is the least of the court’s concern. However, this only applies if the settlement isn’t established through forgery, force, or duress. Additionally, the judge can also overturn the settlement if it can be proven that one spouse used lies to establish the settlement.
Mediation is one of the most widely used processes to establish the resolution of differences in a divorce. The mediation process is typically led by a family law attorney specialized in mediation. However, these mediators aren’t allowed to give legal advice to the spouses they are offering their services to. For this reason, spouses are allowed to have their attorneys present during the mediation process.
Court-ordered settlements are normally established in the courtrooms and voluntary settlements are established in private (frequently at an attorney’s office.).
For settlement establishments, the judge or mediator would request a letter with the background and position of both spouses. Once the settlement has been negotiated, each spouse is required to browse through and ensure the settlement is clear and fair to them.
If both spouses are able to settle their cases by themselves there would be no need to go to courts for trial. If the spouses are unable to put aside their differences and establish a proper settlement, a trial would be required where a judge would be the one to decide who gets what.
Finally, the most important thing to remember is that both spouses need to be comfortable with the terms in the settlement agreement.
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