The benefits of creating a settlement agreement in resolving a divorce over litigating those issues in court are huge. First off, both spouses can save themselves the high legal fees that come with going to court repeatedly to present issues before a judge. Second, the spouses can avoid the anxiety, embarrassment, and pressure of having to argue these things in a public courtroom and having personal issues be made public record. Finally, spouses can create particular solutions that meet both of their needs without having issues relating to custody schedules, property division and distribution, and child and spousal support thrust on them by a judge.
It is often the case, though, that spouses might not even be able to talk to each other during a divorce – perhaps due to emotional issues or perhaps due to a restraining order in place – which obviously makes communication challenging. But, even in those cases, you can obtain the benefits of a settlement agreement and avoid the higher legal fees and pressures of a contested divorce.
Your Attorneys Can Negotiate a Settlement Agreement On Your Behalf
The reality is that you may never even have to speak to the other spouse at all during the divorce process, and you might be surprised at how common of a scenario this actually is. Your family law attorney can take over 100% of the process in speaking to either your spouse or his or her attorney in negotiating a settlement agreement.
For example, your attorney can speak with you about the outcomes that your are seeking with regard to property distribution, spousal support, custody, and child support, and then put together terms for a proposed settlement agreement. Your attorney will then present those terms to the other spouse and/or his or her attorney for review, and they may agree to some terms or make counteroffers. As with any type of agreement, this process can go back and forth until final terms are reached.
Once this is completed, both parties can sign the settlement agreement – again without ever having to speak to one another – and a judge should approve it.
When a Restraining Order is in Place
Note that this can be done even when there is a restraining order is in place preventing the parties from speaking to one another or being in the same place. In such cases, it may be necessary for your attorney to obtain a modification to the restraining order to allow for negotiation, or to get a specific order from the judge allowing for negotiation, but in any case such an order should not prevent the parties from reaching a mutually beneficial settlement agreement.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.