The vast majority of divorce cases reach an agreement before going to court; whether as a result of informal negotiations between the spouses (and their attorneys) or through alternative solutions for dispute, such as mediation or the act of collaboration. Below is a discussion about agreements and court approval in divorce cases.
The agreements
If a couple is getting a divorce (and their lawyers) negotiate and resolve all matters related to the divorce -either informally or through processes outside of court such as mediation or the act of collaboration– the decisions of the couple are outlined in a written agreement. This agreement is shown later, the judge of the court sent the divorce petition, this court may be in a county or district of his state. Usually this is an informal hearing during which the judge will ask some basic questions, and we will also ask each party if they understood and decided to sign a voluntary agreement. As long as the judge is satisfied with the justice of the negotiations for the agreement, and the terms do not seem to benefit one spouse more than the other, such an agreement will almost always receive court approval.
Approval of the court and the decree of divorce
Once the judge approves the divorce agreement of the spouses, will give the couple the decree or divorce decree that proves that you are already divorced and that the key issues have already been solved. The divorce decree stipulates a number of aspects about the rights and obligations of divorced persons, for example:
- The custody of children, living arrangements, and visitation schedule;
- The division of the joint property of the couple, the debt, and the solution of other conflicts;
- Child support and spousal support (board): who pays, who receives, how much, when, etc
If the judge does not approve one or more of the terms of the agreement, order the parties to continue negotiating those terms. If the couple does not reach an agreement, the divorce case is tried before a judge and a jury.
Partial agreement
A couple that is divorcing can reach an agreement as to certain aspects related to the divorce, but may be unable to agree on other matters. If this happens you can do a partial agreement, and the remaining unresolved issues will be sent to the court for there to solve them. For example, if the couple agreed to voluntarily matters relating to children (custody, visitation schedule, child support) but could not agree as to the holiday home of the family, the court may approve a partial agreement on custody and child support, but ordering that the subject property will take judgment for their solution.
